Bridging the Gap
Diyah and the Pursuit of Equitable Victim Compensation in Pakistan
DOI:
https://doi.org/10.52541/isiri.v64i3.6974Abstract
This research examines Pakistan’s framework for paying compensation to crime victims, defined in Section 544-A of the Criminal Procedure Code, 1898. It brings to light an important flaw (i.e., the lack of an explicit mechanism for the quantification of compensation awards). A review of pertinent legal precedents shows glaring disparities and possible inequities arising from the lack of a standardized mechanism. To fill this gap, we look at the Islamic concept of diyah as a potential basis for an equal and efficient system. Our proposed model brings forth some of the essential features of diyah, such as emphasizing punishment for criminals, facilitating reconciliation and mediation among affected parties, and ensuring robust judicial checks and transparency. We aspire to improve on the inadequacies of the current system through these principles. However, we understand that the feasibility of bringing into operation a framework based on diyah remains uncertain. Challenges involve coping with the complexity of integrating Islamic and secular legal traditions, guaranteeing fairness and preventing discrimination, and attaining common acceptance by the parties. Ultimately, this research contends that incorporating diyah principles into Pakistan’s victim compensation framework offers a promising pathway towards greater fairness, consistency, and social cohesion within the criminal justice system. This, in turn, can enhance access to justice for victims and contribute to a more just and equitable society.
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