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Defini on of Diyat And It’s

value Under Islam and


Pakistan Penal Code

Introduc on
In pre-Islamic era, concepts of diyat was present in Arabic society. In pre-
Islamic period, diyat was considered blood money and this blood money
and this blood money was, in fact, a kind of fine. And such fine was paid by
a killer or his family or his clan to family or clan of vic m and it was paid in
the form of goods or animals. However, Islam changed this old concept of
diyat and decided that diyat should be paid in cash.

Relevant Provisions
Sec on 299(e), 323, 308, 312, 319, 320, 322, 338(c), 330, 331, of P.P.C.
1860.

Defini on

In Arabic language, diyat means blood money and ransom. And it legally
means compensa on, which is granted to heirs of vic m by an offender.

Diyat Under Pakistan Penal code, 1860Sec on 299(e) says “Diyat means the
compensa on specified in Sec on 323 payable to the heirs of the vic m.”

It means that Diyat is some pecuniary value which is given in Sec on 323.

Value of Diyat in PPC Sec 323

Value of Diyat; Under Sec on 323 Of P.P.C

Sec on 323 states as follows;

(i) The Court shall, subject to the injunc ons of Islam as laid down in the
Holy Quran and Sunnah and keeping in view the financial posi on of the
convict and the heirs of the vic m, fix the value of Diyat which shall not be
less than the value of thirty thousand six hundred and thirty grams of
silver.
(ii) For the purpose of sub-sec on (1) the Federal Government shall by
no fica on in the official Gaze e, declare the value of silver on the first day
of july each year or on such date as it may deem fit, which shall be the
value payable during a financial year.
Thus according to this sec on diyat is not to be less than the value of 30630
grams of silver. This amount shall be revised and declared every year
through the official gaze le issued on the 1st July by the Federal
Government.

Determina on of Value of Diyat


In Holy Quran and Shariat, there is no specific amount of Diyat. According
to Pakistan Penal Code, court fixes amount of diyat. Here following four
principles are important

(i) Quranic Injunc ons


First principle is that court should fix amount of diyat according to Quranic
injunc ons.

(ii) Minimum Amount of Diyat


Second principle is that court should not fix amount of diyat less the value
of thirty thousand, six hundred and thirty grams of silver.
(iii) Financial Posi on of offender and Heirs of vic m
Third principle is that court should keep in view financial posi on of both
the offender and heirs of vic m to fix amount of diyat.

(iv) Enhancement & Reduc on of Diyat-amount


Fourth principle is that court can though enhance amount of diyat, yet it
cannot reduce such amount according to Holy Quran and Sunnah.

Disbursement of Diyat
Under Pakistan Penal Code, diyat should be disbursed among heirs of a
vic m according to their respec ve shares in inheritance. However, if a heir
foregoes his/her share, diyat cannot be recovered to extend of his/her
share.

Conclusion
To conclude, it can be stated that Holy Quran specifies retalia on through
principle of Qisas, but prescribes that one should seek compensa on and
not demand retribu on. It reveals that Holy Quran not only explains
concept of Qisas, but also explains concept of diyat.