Transcript qatl-shibh-amd

Presentation By
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Shoaib Anjum
9563 LLB 1 Evening Session
on
QATL SHIBH-I-AMD
QUOTATIONS
Daniel Webster 1782-1852
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One God, one law, one element,
And one far-off divine event,
To which the whole creation moves.
[‘In Memoriam A. H. H.’ (1850) canto 131,
closing lines]
Jeremy Bentham (1748–1832)
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Lawyers are the only persons in whom
ignorance of the law is not punished.
[Encarta« Book of Quotations ⌐ & (P)
1999 Microsoft Corporation. All rights
reserved. Developed for Microsoft by
Bloomsbury Publishing Plc.]
LAW AN INTRODUCTION
Prof. Salmond (1862-1924) defined law as
“ The body of principles recognized and applied by
the State in the administration of justice”.
 Law consists of rules recognized and acted on
by the courts of justice.
 Law is the means where as justice is the end.
 Law is an instrument of social progress.
 It is a “social engineering” to make a balance
between individual wants and social interest.

Oxford Dictionary defines law as
“The body of rules, whether proceeding
from formal Act or from custom, which a
particular State or community recognizes
as binding upon its members”.
 Law pre-supposes a State which has the
sanction to enforce the law. Without a
State, law has no meaning.
 Mostly, Law is obeyed as a matter of
habit.
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QUOTATIONS
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SIR WILLIAM BLACKSTONE 1723-80
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Man was formed for society.
[‘Commentaries on the Laws of England’
(1765) introduction, sect. 2]
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John Arbuthnot 1667-1735
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Law is a bottomless pit.
[‘The History of John Bull’ (1712) ch. 24]
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ROMANS: Is the law sin? God forbid. Nay, I had not
known sin, but by the law.
[Romans ch. 7, v. 7]
HISTORICAL BACKGROUND
OF PAKISTAN PENAL CODE
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On 1 January 1862, the British enacted the
Indian Penal Code, and within two decades most
of India's law was codified.
Ironically, England still awaits a criminal code,
and the vast majority of English law remains
uncodified, in the form of statute or common
law.
Hindu and Muslim law was rarely included in
these Indian law codes, so the entire codification
process represented the transplantation of
English law to India, complete with lawyers and
ABSTRACT
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[.Macaulay and the Indian Penal
Code of 1862: The Myth of the
Inherent Superiority and Modernity
of the English Legal System
Compared to India's Legal System in
the Nineteenth Century]
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David Skuy
University of Toronto
Lord Thomas Babington
Macaulay, 1800-1859.
English Whig lawyer, politician, essayist, poet and
popular historian.
Major Works of Thomas
Macaulay
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"Mill on Government"", 1829, Edinburgh Review
"Westminster Reviewers' Defense of Mill", 1829, Edinburgh Review
"Utiliarian Theory of Government", 1829, Edinburgh Review
"Southey's Colloquies on Society", 1830, Edinburgh Review
"Sadler's Law of Population", 1830, Edinburgh Review
"Sadler's Law of Population Refuted", 1831, Edinburgh Review
"Speech On The Reform Bill of 1832"
"Minute on Indian Education", 1835
Lays of Ancient Rome, 1842
Critical and Historical Essays, 1843, Vol 1, Vol. 2, Vol. 3
The History of England from the Accession of James II, 5 vols, 1848-61.
(Vol. 1)
Selected Poems
Life of William Pitt, 1859
The Miscellaneous Writings and Speeches of Lord Macaulay,1866, Vol.
I, Vol. II, Vol. III, Vol. IV
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The Pakistan Penal Code or PPC is the
basis of all legislations in Pakistan. It was
instituted in 1860 by the Government
of British India as the Indian Penal Code.
With the partition of India in 1947, the
new country inherited the same code and
subsequently made several amendments
making it more religiously oriented.
MAJOR CONTRIBUTION
HUDOOD ORDINANCE, 1979
 The Hudood Ordinance (Urdu: ‫حدود‬
( )‫مسودہ‬also spelled Hudud) was a law
in Pakistan that was enacted in 1979
as part of then military ruler Zia-ulHaq's Islamization process, and
replaced/revised
in
2006
by
the Women's Protection Bill.
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General Muhammad Zia-ul-Haq (August
12, 1924–August 17, 1988) ruled Pakistan
from 1977 to 1988.
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Longest rule on the Country lasting 11
years.
Appointed Chief of Army Staff in 1976
Came to power after he overthrew ruling
Prime Minister Zulfikar Ali Bhutto, July 5,
1977 and imposed Martial Law.
Assumed the post of President of Pakistan
in 1978 which he held till his death on
August 17, 1988.
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His reign witnessed the enforcement of
strict Islamic law within the country.
On December 2, 1978, on the occasion of
the first day of the Hijra calendar to
enforce the Islamic system in Pakistan in a
nationwide address, General Muhammad
Zia-ul-Haq accused politicians of exploiting
the name of Islam saying: "Many a ruler
did what they pleased in the name of
Islam."
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This
was
Pakistan's
Law.
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a 180 degree turn from
predominantly Anglo-Saxon
As a preliminary measure to General Zia
announced the establishment of Shariah
Benches.
Against Property (Enforcement of Hudood
Ordinance 1979),
the punishment of imprisonment or fine,
or both, as provided in the existing
Pakistan Penal Code for theft
CRIMES IDENTIFIED AS HUDOOD
UNDER HUDOOD
ORDINANCE 1979
1. Theft
4. Adultery
2. Robbery
3. Fornication
5. Rape
6.
Homosexuality
7. Kidnapping/Abducting or Enticing Women
8. Prostitution
9. False allegation of fornication, adultery or rape
10. Li’an: A husband’s allegation of adultery against his wife
11. Offence of drinking (consumption of alcohol)
OTHER THAN HUDUD CRIMES
WITH CAPITAL PUNISHMENT
1. Derogatory Remarks Against the Prophet of Islam, His Family and
Quran,
2. Qatl-i Amd
3. Qatl Shibh Amd
4. Qatl-i Khata
5. Qatl bi sabab
6. Attempt to Qatl-i-Amd
7. Attempt to commit suicide
8. Thugry
9. Exposure of child under twelve years by parents or person having
care of it
10. Concealment of birth by disposal of dead body
11. Hurt
12. Jurh
13. Isqat-i hamal
14. Isqat-i janin
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The Pakistan Penal Code (PPC) and the
Criminal Procedure Code were amended,
through ordinances in 1980, 1982 and
1986.
General Zia also militarized the
bureaucracy systematically
PAKISTAN PENAL CODE,
1860 (Highlights)
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Extends to whole of Pakistan.
Every person shall be liable to punishment under this
Code and not otherwise for every act or omission
contrary to the provisions thereof, of which he shall be
guilty within Pakistan
Even a foreigner who enters the Pakistani territory also
submits himself to the operation of Pakistani laws and he
cannot be allowed to plead in defence that he did not
know that he was doing wrong, as the act was not an
offence in his own country.
It is a cardinal principle of criminal law that all persons
should be treated equal in the eyes of law.
QURANIC INTRODUCTION
OF QATL
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"O ye who believe! the law of equality is
prescribed to you in cases of murder: the free
for the free, the slave for the slave, the
woman for the woman. But if any remission
is made by the brother of the slain, then grant
any reasonable demand, and compensate him
with handsome gratitude, this is a concession
and a Mercy from your Lord. After this whoever
exceeds the limits shall be in grave
penalty. (The Noble Quran, 2:178)"
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The following Sayings of our Prophet Muhammad
peace be upon him and other well-respected
Islamic Scholars who lived during his time are
direct explanations and elaboration to this Noble
Verse:
Ibn 'Abbas added: Remission (forgiveness) in this
Verse, means to accept the Blood-money in an
intentional murder.  D I Y A T
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Ibn 'Abbas added: The Verse: 'Then the
relatives should demand Blood-money in a
reasonable manner.' (2.178) means that the
demand should be reasonable and it is to be
compensated
with
handsome
gratitude.
(Translation of Sahih Bukhari, Blood
Money (Ad-Diyat), Volume 9, Book 83, Number
20)"
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Ibn Abbas:
Al-Qisas (i.e. equality in punishment)
(Translation of Sahih Bukhari,
Prophetic Commentary on the Qur'an
(Tafseer of the Prophet (pbuh)),
Volume 6, Book 60, Number 25)"
"...if any one slew a person - unless it be for
murder or for spreading mischief in the land - it
would be as if he slew the whole people: and if
any one saved a life, it would be as if he saved
the life of the whole people...(Noble Quran
5:32)“
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"You shall not kill any person - for God
has made life sacred - except in the
course of justice. If one is killed unjustly,
then we give his heir authority to enforce
justice. Thus, he shall not exceed the
limits in avenging the murder, he will be
helped."(17:33)
HADITHS ABOUT QATL
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Anas, may Allah be pleased with him,
narrated:
Regarding the major sins, the Holy
Prophet (may peace be upon him)
observed: Associating anything with Allah,
disobedience to parents, killing a person
and false utterance.
Hadith number in Sahih Muslim [Arabic
only]: 127
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Abu Hurairah, may Allah be pleased with him, reported:
Allah's Messenger (may peace be upon him) observed:
Avoid the seven most grievous sins. (The hearers)
asked: What are they, Allah's Messenger? He (the Holy
Prophet) replied:
Associating anything with Allah,
Magic
killing of one whom Allah has declared inviolate without
a just cause,
devouring the property of an orphan,
dealing in usury,
fleeing on the day of fighting,
and calumniating the chaste, innocent, believing women.
Hadith number in Sahih Muslim [Arabic only]: 129
QUOTATIONS
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THE BOOK OF COMMON PRAYER
1662
Thou shalt do no murder.
[‘Holy Communion’ ‘The Ten
Commandments’.]
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Who so sheddeth man's blood, by man
shall his blood be shed: for in the image
of God made he man.
King James Bible
[Encarta« Book of Quotations ⌐ & (P)
1999 Microsoft Corporation. All rights
reserved. Developed for Microsoft by
Bloomsbury Publishing Plc.]
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Thomas De Quincey 1785-1859
If once a man indulges himself in murder,
very soon he comes to think little of
robbing; and
from robbing he comes next to drinking
and Sabbath-breaking, and from that to
incivility and
procrastination.
[‘On Murder Considered as One of the
Fine Arts’ Second Paper in ‘Blackwood’s
Magazine’ November 1839]
QATL MEANING
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Qatl is the term in Arabic used
in sharia law to refer to the crime of
premeditated murder.
According to section 299(j) of the PPC
Qatl means causing death of a person (by
a person).
RELEVANT PROVISIONS OF
LAW
Qatl-e-amd
Sec.300 to
314 and
324
Qatl shibhi-amd Sec
315 to 317
Qatl-eKhata Sec
318 to 320
Qatl bissabab Sec
321 323
CROSS REFERNCES
Article 9 of Constitution of Pakistan
Sec 164, 364 and 365 onwards of the code of
criminal Procedure, 1898
High Court Rules ,Vol III Chap 13
Article 17 Qanun-e-Shahdat Order,1984
QATL-I-AMD SEC.300
1: An act
2: With intention
A) Of causing death, or
B) Injury
Which is to cause death
3: or, with knowledge that act will cause death
INGREDIENTS TO CONSTITUTE
“QATL-SHIBH-AMD” U/S 315
Intention to cause harm
To body, or
Mind
By use of weapon, or
By act
Which is not likely to cause death
EXPLANATION
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Quasi-intent. (Intention resembling)
That act or omission is not often regarded as
probable consequence of death.
It is question of medical science to determine
the fact rather employment of weapon has
caused the death of that person as result of hit
or striking of weapon on the body of person.
The direct consequence of death as result of the
weapon used to cause the death of that person
is ultimate principle of criminology for putting
criminal liability on the person for commission of
the offence of Qatl.
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Non-production of most natural and
independent witness of occurrence only
leads to presumption that Qalt-i-Shabhamd has been committed .
The section is applicable to circumstance
where the fighting has taken place out of
sudden impulses without premeditation
causing the death of human being and
means or weapon used by offender do not
cause the death of human ordinary course
of life.
Illustration
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A in order to cause hurt strikes Z with a
stick or stone which in the ordinary course
of nature is not likely to cause death. Z
dies as a result of such hurt. A shall be
guilty of Qatl shibh-i-amd.
SOME INSTRUMENTS CAPABLE OF
CAUSING QATL-I-SHIBH-I-AMD
Case Laws
COMMON INTENTION
PLD 1994 LAH 442
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Where the deceased in the has had died of head
injury caused by reverse side of hatchet blow by
one accused and sota blow by other accused.
The accused giving hatchet blow had committed
Qatl-e-Amd and the one giving sota blow Qatlshibh-e-Amd; both accused could not have been
said
to
share
common
intention
as
premeditation to commit the offence had not
been proved.
Each of the accused persons, therefore, was to
be punished for the offence committed by him.
2006 PCRLJ 662 FEDERAL-SHARIAT-COURT
Side Appellant : BASHIR AHMAD
Side Opponent : State
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--Ss. 300 & 315---"Qatl-i-Amd" and "Qatl-iShibh-i-Amd"---Distinction---Main
distinguishing factor between "Qatl-i-Amd"
and ":Qatl Shibh-i-Amd" was that in case of
Qatl-i-Amd, intention of assailant must be to
cause death or such bodily injury which, in the
ordinary course of nature, was 'likely to cause
death';
whereas in case of Qatl-i-Shibh-i-Amd, the
intention should be to cause such harm to the
body or mind of the person which in ordinary
course of nature was 'not likely to cause death'--
ACQUITTAL ON BENEFIT OF
DOUBT 1998 P Cr. L J 1384
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Non production of the most natural and independent
witness of he occurrence by the prosecution had led to the
only presumption that he was not supporting the
prosecution case.
Complainant and his son who claimed to be eye-witnesses
were not sure about the actual culprit or the manner in
which the occurrence initiated and culminated.
All the persons names in the F.I.R. had been declared
innocent by the police and the person who was not seen at
the spot nor named in the F.I.R. had been saddled with
the murder of the deceased.
Defence version being nearer to the truth was acceptable.
Accused was acquitted on benefit of doubt in
circumstances.
2008 YLR 408 SHARIAT-COURT-AZAD-KASHMIR
ABDUL GUFTAR Vs. STATE
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Ss.302, 315 & 316-Appreciation of evidence---Parties were closely
related to each other and no serious dispute or enmity between
them was brought on record--Complainant party had come to the house of the accused where
exchange of hot words resulted into a sudden free fight---Sticks
were used in the occurrence--No premeditation was exhibited by the conduct of accused that they
intended to commit the offence of qatl -i-amd--Case of accused, thus, was covered by section 315, P.P.C.
punishable under section 316, P. P. C., as it was not established as
to who was responsible for giving fatal blow to the deceased--Accused were consequently convicted under section 316, P.P.C. and
sentenced to .seven years' R.I. each and to pay amount of Diyat
calculated as Rs. 7, 65, 750 to the legal heirs of the deceased as per
their shares in accordance with law.
PUNISHMENT
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Punishment is not for revenge, but to
lessen crime and reform the criminal.
Elizabeth Fry (1780–1845)
Encarta« Book of Quotations ⌐ & (P) 1999
Microsoft Corporation. All rights reserved.
Developed for Microsoft by Bloomsbury
Publishing Plc.
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All punishment is mischief: all punishment
in itself is evil.
Jeremy Bentham (1748–1832)
Encarta« Book of Quotations ⌐ & (P) 1999
Microsoft Corporation. All rights reserved.
Developed for Microsoft by Bloomsbury
Publishing Plc.
PUNISHMENT FOR QATL
SHIBH-I-AMD U/S 316
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Diyat ,
May also be punished with
imprisonment upto 25 years as tazir
TA`ZIR U/S 299(l)
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"ta'zir" means purushment other
than qisas, diyat, arsh , or daman;
and
All offences/crimes other than Hudud and
Qisas are classified as Ta’zir.
Punishment for these offences and crimes
are discretionary.
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They include fine,
imprisonment, etc.
Discretion belongs to the judge and the
state.
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In the Holy Qur’an, only the word ‘Diyat’
has been used “diyatun musallamatun ila
ahlihi”, which means compensation should
be paid to the victim’s family.
The terminologies like ‘Arsh’ and ‘Daman’
are not mentioned in Holy Qur’an
DIYAT DEFINED U/S 299(e)
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"diyat" means the compensation specified
in Section 323 payable to the heirs of the
victim;
PUNISHMENT AS DIYAT
U/S 323 PPC
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The diyat means
the compensation
awarded to the accused
as punishment for
commission of the offence
specified in section 323 of PPC payable to
heir of the victim.
VALUE OF DIYAT U/S
323 PPC
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(1)The value of the diyat should no be less than
the value of thirty thousand six hundreds and
thirty grams of silver.
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(2)For the purpose of sub-section (1), the
Federal Government shall, by notification in the
official Gazette, declare the value of Silver, on
the first day of July each year or on such date as
it may deem fit, which shall be the value payable
during a financial year.
COMMENTS
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1995 P Cr. L J 1807
Pre-existing heart ailment of the deceased which
rendered the blow dangerous to life due to his
fall, was not in the knowledge of the accused.
Prosecution having failed to prove the requisite
intention on the part of the accused to burden
him with the responsibility under section 316
P.P.C. he could not be convicted thereunder.
Injury caused by the accused to the deceased
fell within the ambit of section 337-A(i) P.P.C.
and sentenced to imprisonment already
undergone by him.
1998 P Cr. L J 1781
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Accused directly charged for the offence
Crime weapon bloodstained stick had been recovered from
the house of the accused.
Medical report affirmed the factum of death through blunt
weapon like stick.
Accused admitted before magistrate and trial court.
Punishment of diyat U/S 331 PPC.
Accused unable to pay diyat was undergoing simple
imprisonment in jail.
Ordered to be released on bail on furnishing security equal
to diyat amounting to Rs. 2,40,000/- with two sureties
subject to satisfaction of trial court
With direction to pay diyat amount in 3 yearly installments.
PERSON COMMITTING QATL
DEBARRED FROM
SUCCESSION U/S 317:
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Where a person committing qatl-i-amd or
Qatl shibh-i-amd is an heir or a beneficiary
under a will, he shall be debarred from
succeeding to the estate of the victim as
an heir or a beneficiary
DIYAT IN CASE OF
QATL-I-AMD
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In cases of Qalt-i-Amd, diyat can be
awarded where the offence committed is
proved to be not liable to Qisas or where
the Qisas is not enforceable. The
consideration in such cases is badl-e-sulh
as laid down in section 310 Of PPC 1860.
CONCLUSION
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The Pakistan Penal Code or PPC is the basis
of all legislations in Pakistan. It was instituted in
1860 by the Government of British India as the
Indian Penal Code.
Qatl Shibh-i-Amd is Qatl caused with Quasi-intent. That
act or omission is not often regarded as probable
consequence of death.
Punishment of Qatl Shibh I Amd is Diyat and the
accused
May also be punished with imprisonment upto
25 years
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Any questions?
Additional sources
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http://answering-christianity.com
http://www.globalwebpost.com
Microsoft Encarta
http://www.eumap.org
www.google.com.pk
www.wikipedia.com
http://www.pakistani.org
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http://hadith.al-islam.com
http://www.lawvisionpk.com
Cambridge journals
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