اسلام کے فوجداری نظام کا ضابطہ قسامت( اور اس کا اطلاق و تطبیق )
The qasama Doctrine of Islamic Criminal Law The mashroom-growth like blind murder cases, have, now a days confused and perplexed the law-enforcing agencles…. The reason is that such murder-cases are taken in hand and tried to be dealt with the common criminal procedures. The criminal in such a case...
| Main Authors: | , |
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| Format: | Article |
| Language: | Arabic |
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SZIC University of Peshawar
2006-12-01
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| Series: | الإيضاح |
| Online Access: | http://al-idah.szic.pk/index.php/al-idah/article/view/399 |
| Summary: | The qasama Doctrine of Islamic Criminal Law The mashroom-growth like blind murder cases, have, now a days confused and perplexed the law-enforcing agencles…. The reason is that such murder-cases are taken in hand and tried to be dealt with the common criminal procedures. The criminal in such a case leaving no clue thereto succeed in deracting the police. As a result the FIR is lodged against an anonymous accused' afterwards and the case is filed because of the non -availability of required proof. Contrary to the above Islam introduces the procedure of Qasama which literally means __ administring an oath ___ which in juristic terminology applied to a way and process where some pesons are held responsible in a blind murder for an oath in word, that; By Allah! Neither they have committed the murder nor they noticed the culprit . In case of refusal they are adjudicted for Qisas and for the payment of Diyat in vice versa. Historically Qasama procedure is traced back to pre-Islamic tribal-law which were then, afterwards modified and re-enforced by the Prophet (SAW) and his Khulafa. with the exception of some minor juristic controversies regarding the structure and framework of Qasama procedure___ multitude of muslim jurists hold it a valid way for the adjudiction of a blind _murder . It is with all regrest that-Islamic ldeological council (HC) despite its introduction of a set of sectionized Hudud, Ta'zirat and Qisas wa diyat laws excluded the procedure of Qasama thereto. If the chapter of Qasama is sectionized and enforced, it may help in reducing the ratio of blind-murders. |
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| ISSN: | 2075-0307 2664-3375 |