Presented by Muhammad Ahmad
Presentation
Murder of pregnant woman
Submitted to:. Sir Akbar Khan Submitted by:. Muhammad Ahmad
Roll No. 1637 (B)
International Islamic University Islamabad
McGraw-Hill Technology Education
Copyright 2006 by The McGraw-Hill Companies, Inc. All rights reserved.
Murder of pregnant woman
MEANING of Murder an act of a person causes the death of another person is called Murder. Ayat related to murder And slay not the life which Allah has forbidden save with right .(17:33) According to PPC: Qatal means causing death of a person. (Sec 299-J ) Murder of pregnant woman
An act of a person causes the death of a pregnant woman is called Murder of pregnant woman.
Is the murder of pregnant woman considered double murder or not ?
According to English law. In England : It is not considered double murder but single murder. Termination is legal in England. A term child destruction is used for crime of Asqat ejaneen. In USA: Fifteen states of USA does not recognized it as a crime, they just consider it only single murder. In Roman Catholic Countries: The murder of pregnant woman considered double murder. According to Islamic law: It will be considered Asqat e- hamal , if the pregnancy period was less than 24 weeks. It will be considered Asqat i - janeen ,if the pregnancy period was more than 24 weeks and child born dead. It will be considered double murder only in the case when a person causes the death if a pregnant woman and causes miscarriage of child and child born alive and then dead. The murder of child is considered as by mistake.
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Presented by Muhammad Ahmad
Classification of murder of pregnant woman
According to the majority of jurist
1. Intentional 2. Quasi intentional 3. By mistake
According to Imam Abu Hanifa.
1. Intentional 2. Quasi intentional 3. By mistake 4. Equivalent to mistake 5. Indirect
Presented by Muhammad Ahmad
Classification of punishment of murder
1. 2. 3. 4. 1. 2. 3. 4.
Asliyyah ( Qisas) Badilyah (Diyat) Takmiliyyah (Expiation ) Tabiyyah ( denial of inheritance ) Qisas (Retaliation ) Diyat Afou (Pardon ) Badle sulha ( compensation)
Modes of dispute resolution:
Presented by Muhammad Ahmad
Punishment of intentional murder of pregnant woman
In the case where heirs of victim demand Qisas
1. Qisas for murder of woman 2. Full diyat of the murder of the child if born alive. 3. 1/20 diyat for murder of child if born dead.
In the case when heirs of victim demand diyat
1. 2. Double diyat will be paid by the victim if the child born alive and then dead. If the child born dead then 105% diyat will be paid.
Tazir punishment can also be awarded. Denial of inheritance. Heirs of the convict can pardon convict.
Presented by Muhammad Ahmad
Exception from the punishment of Qisas
Father killing his daughter Difference in religion Minor or insane offender Pardon of Qisas by the heirs of the victim Compromise or removing Qisas
Presented by Muhammad Ahmad
Punishment of Quasi intentional murder
The punishment of Quasi intentional murder of pregnant woman is: Diyat: Double diyat will be paid to though heirs of the victim if child born alive. 105% diyat will be paid to the heirs of the victim if the child born dead. Expiation: To free a believing slave or should fast for two consecutive months by the convict. Taz'ir:
Tazir punishment can also be awarded according to the circumstance of the case.
Presented by Muhammad Ahmad 9
Punishment of murder of pregnant woman by mistake
Diyat:
Double diyat will be paid to though heirs of the victim if child born alive. 105% diyat will be paid to the heirs of the victim if the child born dead. Taz'ir : Taz'ir punishment can be awarded if the murder of pregnant woman caused by negligence. The heirs of the victim can pardon the convict.
Presented by Muhammad Ahmad 10
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