BILOOD MONEY (DIYA) IN ISLAMIC AND PAKISTANI LAW

Abstract

The renewed public discourse surrounding the law of Diyat, particularly following a recent high-profile homicide prosecution in Pakistan, has exposed widespread misconceptions regarding its nature, purpose, and operation within the Islamic criminal justice system. Motivated by this debate, the present article critically examines the concept of Diyat by exploring its normative foundations in the Holy Qur'an, the Sunnah, and classical Islamic jurisprudence, alongside its incorporation into the Pakistan Penal Code through the Qisas and Diyat provisions. It argues that much of the criticism directed against law of Diyat is attributable to misunderstandings of its doctrinal framework rather than any inherent deficiency in Islamic law. The article analyses the statutory scheme, Islamic version, and the interaction between victims' rights, state authority, and the public interest, distinguishing the principles of the doctrine from shortcomings in its implementation. It demonstrates that Islamic law does not recognize Diya as a means of escaping criminal liability or compromising the administration of justice. The study concludes that a principled interpretation of Diya, informed by both classical Islamic jurisprudence and Pakistan's constitutional and statutory framework, is essential for ensuring doctrinal coherence, judicial consistency, and public confidence in the criminal justice system.