The Qisas and Diyat Ordinances were promulgated and enforced in September 1990. These ordinances were introduced to align the Pakistan Penal Code with Islamic injunctions, specifically regarding offenses against the human body. They introduced the concepts of Qisas (retribution) and Diyat (blood money) as legal remedies for murder and bodily harm, replacing certain colonial-era provisions.
992
What is the maximum term of imprisonment as Tazir for a person who causes Shajjah-i-Damighah to another individual, in addition to the payment of Arsh?
Shajjah-i-Damighah is a specific type of head injury involving the skull bone and the brain membrane. Under the Pakistan Penal Code, the offender is liable to pay Arsh, which is fixed at one-half of the Diyat. Additionally, the court may impose a sentence of imprisonment as Tazir, which can extend up to fourteen years, depending on the severity of the act and judicial discretion.
993
Which section of the Pakistan Penal Code (PPC) specifies the Arsh for organs that exist in quadruplicate?
Section 337-S of the Pakistan Penal Code (PPC) deals with the determination of Arsh for injuries to organs that exist in quadruplicate in the human body. Arsh is the compensation payable to the victim or their heirs in cases of hurt. This section provides the specific legal framework for calculating financial restitution for such injuries under Islamic criminal law principles incorporated into the PPC.
994
What is the legal status of a compromise in a qatl-i-amd case where a female is given in marriage as consideration?
Under the law, using a female as 'badl-i-sulah' (consideration for compromise) in cases of qatl-i-amd is strictly prohibited and considered void. This practice, often referred to as 'watta satta' or 'swara' in some cultural contexts, is legally unenforceable because it treats a human being as property or compensation, which violates both statutory law and fundamental human rights principles.
995
How many types of Shajjah are classified under Section 337 of the Pakistan Penal Code?
Section 337 of the Pakistan Penal Code identifies six distinct types of Shajjah (injuries to the head or face). The source explanation provided in the prompt incorrectly references a volume measurement in seers, which is irrelevant to the legal definition of Shajjah. The correct legal classification remains six types, as established by the statute.
996
What is the legal term for an injury on any part of the body, excluding the head or face, that leaves a visible mark, whether permanent or temporary?
The term 'Jurh' in the Pakistan Penal Code refers to a wound or injury on the body of a person, excluding the head or face, which leaves a mark. This distinguishes it from 'Shajjah', which specifically refers to injuries on the head or face.
997
Whose permission is mandatory before a pardon can be tendered to a person involved in an offense of hurt or qatl?
Under the Qisas and Diyat laws in Pakistan, offenses involving hurt or qatl (murder) are considered compoundable. Because these offenses affect the rights of the victim or their legal heirs, the law requires that any pardon or compromise must involve the consent of the victim (if alive) or the heirs of the victim (in case of death) to ensure the private right of the aggrieved party is respected.
998
Under the Pakistan Penal Code, what is the legal term for an act that permanently impairs the function or capacity of a body organ or causes permanent disfigurement?
Under the Qisas and Diyat laws of the Pakistan Penal Code (PPC), 'Itlaf-i-salahiyyat-i-udw' refers to the destruction or permanent impairment of the functioning, power, or capacity of an organ of the body. This is distinct from 'Itlaf-i-udw', which refers to the actual severing or destruction of the organ itself. These definitions are crucial for determining the appropriate punishment and compensation (Diyat or Arsh) in cases of physical injury.
999
Which specific type of Shajjah involves an injury to the head or face where the bone is exposed but remains unfractured?
Under the Qisas and Diyat laws of the Pakistan Penal Code, Shajjah-i-Mudihah is defined as an injury to the head or face that exposes the bone without causing a fracture. This is distinct from other forms of Shajjah, such as Hashimah, which involves a fracture, or Khafifah, which is a minor injury not exposing the bone.
1000
Under Section 331 of the Pakistan Penal Code, how many methods are prescribed for the recovery of Diyat?
Section 331 of the Pakistan Penal Code outlines the procedure for the recovery of Diyat. It specifies three distinct modes: recovery from the property of the convict, recovery from the convict's guarantors, or, if the convict is unable to pay, recovery through the state or other specified legal mechanisms as provided under the Islamic criminal justice framework.