Tuesday 31 July 2012

Concept of compounding Qatl-e-Amd

 310.Compounding of qisas (Sulh) in qatl-i-amd:
(1) In the case of qatl-i-amd, an adult sane wali may, at any time on accepting badl-i-sulh, compound his right of qisas:
 119[
Provided that a female shall not be given in marriage or otherwise in badal-i-sulh.
] 119
 
(2) Where a wali is a minor or an insane, the wali of such minor or insane wali may compound the right of qisas on behalf of such minor or insane wali:
Provided that the value of badf-i-sufh shall not be less than the value of diyat.
 
(3) Where the Government is the wali, it may compound the right of qisas:
Provided that fee value of badi-i-sulh shall not be less than the value of diyat.
 
(4) Where the badl-i-sulh is not determined or is a property or a right the value of which cannot be determined in terms of money under Shari'ah, the right of qisas shall be deemed to have been compounded and the offender shall be liable to diyat.
 
(5) Badl-i-sulh may be paid or given on demand or on a deferred date as may be agreed upon between the offender and the wali.
 
Explanation: In this section, Badl-i-sulh means the mutually agreed compensation according to Shari'ah to be paid or given by the offender to a wali in cash or in kind or in the form of movable or immovable property.
 


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