Qisas and Criminal Lawyer in Lahore Pakistan:
Parliament should examine in depth the question of evidentiary requirements in the Holy Quran and Sunnah and consult criminal lawyer in Lahore Pakistan and develop principles that are fair and non- discriminatory. It should then spell these out for the courts in ways that make them clear and easy to interpret. Badal-i-sulh (Section 310) This section allows in case of qatl-i-amd for an adult, sane wali of the victim to compound his right of qisas by accepting badal-i-sulh--, but with the proviso that 'giving a female in marriage shall not be a valid badal-i-sulh' That leaves possibility of the intent of the law to be circumvented even though the word is honoured. The practice of criminal lawyer in Lahore Pakistan handing over a female for Badal-i-sulh may continue informally unless the law specifically prohibits this custom.
Legislation to Punish the Handing Over:
The Parliament may, therefore, consider legislation to punish the handing over of a female as badal- e-sulh or part of it. Recommendations: The first proviso should be amended to read: "Provided that an exchange of a female as badal-i-sulh is prohibited and shall be illegal."2. A law should be enacted providing for punishment for handing over of a female as badal-i-sulh or part of it. Right of qisas in qatl-i-amd [Section 313(2)(b)] and hurt [Section 337 O] This provides for the situation when the victim has a wali who is minor or insane. The right of qisas on his behalf, in that case, will go to his father or, if he is not alive, to his grandfather, and if he too is not alive and no guardian has been appointed by the court, to the government. There is obvious gender discrimination here. The mother and grandmother have ab initio been assumed unqualified for the right of qisas on behalf of the child, the same is true in qisas for hurt.
Exploitative Manner in Some Instances:
This operates in an exploitative manner in some instances. For example, where a husband kills or hurts his wife, her heirs, the minor children, will be represented by the offender himself section 313 (2)(b) the words Janer aa plural grandfather' wherever they occur should be replaced by PW grandparents' Similarly in section 337 , the words father or paternal grandfather' should be replaced by parents o grandparents ‘Value of diyat (Section 323)This section requires the court to fix the amount in each case keeping in view the financial position of both the convict and the heirs of the victim, and subject to the injunctions of Islam and a minimum amount in terms of the current value of a specified weight of silver.
Council of Islamic Ideology:
That still leaves a wide enough margin for the discretion of the courts and for criminal lawyer in Lahore Pakistan. That gender may sometimes become a factor in the exercise of such discretion cannot be ruled out. The concern is particularly apposite if it is recalled that an earlier draft of the law had specified the diyat for a woman at a rate one-half that of a man and that the Council of Islamic Ideology had relied on a similar principle to recommend that the evidence of a woman should not be on the same footing as that of a man. Such discrimination will not only lead to instances of injustice to women, but it may also create wide inconsistencies in the decisions of different courts which may take years for the superior courts to settle.
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