Islamabad, October 3, 2024 – The Government of Pakistan has officially announced the amount of diyat (compensation) for the fiscal year 2024-25, setting it at Rs 8.10 million. This figure, equivalent to the value of 30,630 grams of silver, was confirmed by the Ministry of Finance through a circular issued on October 2, 2024.
Diyat is a form of financial compensation paid to the victim or the heirs of a victim in cases involving murder, bodily harm, or property damage. The concept of diyat is rooted in Islamic law and is codified in Pakistan legal system under the Pakistan Penal Code (PPC).
Legal Framework of Diyat
Under Section 323 of the Pakistan Penal Code, diyat is defined as compensation payable to the victim’s heirs. The value of diyat is tied to the price of silver, as mandated by Islamic injunctions, with the minimum amount being the value of 30,630 grams of silver.
The law allows courts to determine the exact amount of diyat based on several factors, including the financial status of both the convict and the victim’s heirs. However, the value must never fall below the minimum threshold of silver set by the federal government, which is updated annually through an official notification. This year’s update set the amount at Rs 8.10 million, reflecting current silver prices.
Diyat serves as one of the punishments outlined in Section 53 of the Pakistan Penal Code. These punishments include qisas (retaliation), diyat, arsh (compensation for bodily injuries), daman (compensation for financial losses), ta’zir (discretionary punishment), death penalty, life imprisonment, and other forms of imprisonment or fines.
Diyat in Cases of Intentional Murder
In cases where qisas (retaliation) is not enforceable, such as when the offender or victim is a minor or mentally incapacitated, diyat becomes the applicable punishment. Section 308 of the Pakistan Penal Code specifically addresses such cases of qatl-i-amd (intentional murder) where qisas cannot be applied.
According to Section 308, an offender guilty of qatl-i-amd but not subject to qisas due to certain conditions, including the age or mental state of the offender, must pay diyat. In cases involving minors or mentally incapacitated individuals, the diyat can be paid either from the offender’s property or by another party determined by the court. Furthermore, the court may impose imprisonment of up to 25 years in addition to the payment of diyat based on the circumstances of the case.
This legal mechanism ensures that victims and their families are compensated even in situations where full retribution through qisas is not possible, maintaining a balance between justice and financial compensation.
Importance of Diyat in Pakistan’s Legal System
Diyat plays a critical role in Pakistan legal system, particularly in cases involving serious harm or loss of life. It provides a structured form of compensation that can help families recover from the financial burdens that often accompany such tragedies. The annual determination of diyat ensures that compensation remains fair and reflective of economic conditions, such as fluctuating silver prices.
While diyat is a cornerstone of Pakistan legal approach to compensating victims, it is important to consult legal experts or refer to official legal documents for a comprehensive understanding of how the law applies in specific cases.
(Disclaimer: The content of this article is intended for informational purposes only and does not constitute legal advice. For accurate legal interpretation, please refer to the relevant legal statutes or consult with a qualified legal professional.)