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Browsing LLB by Author "Ahmed Ali Husnain"

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    The price of justice: a critical study of diyat as a mechanism of punishment and its systematic misuse in
    (UMT.Lahore, 2025) Saad Imran; Sana Tauseef; Ahmed Ali Husnain; Ali Asif
    This study explores the legal and historical evolution of Diyat within Islamic jurisprudence and its statutory integration in Pakistan’s legal system. Originally intended as a restorative justice mechanism to replace vengeance with compensation, Diyat was institutionalized to protect the sanctity of life and promote social harmony. However, its application in modern-day Pakistan reveals systemic misuse, where affluent individuals exploit legal loopholes and exert coercive pressure on victims’ families, undermining the very principle of voluntary forgiveness. It further examines how other Muslim-majority countries apply Diyat laws and proposes legislative and procedural reforms aimed at preserving justice and curbing exploitative practices. The study employs a hybrid methodology combining doctrinal legal analysis with qualitative inquiry to provide a comprehensive and critical evaluation of the Diyat system and its socio-legal implications in Pakistan. The present study employs a hybrid research methodology, drawing from both qualitative and legal doctrinal frameworks. The doctrinal component provides the foundation for a comprehensive examination of legal principles, statutory provisions, and case laws, while the qualitative dimension allows for a contextual and critical exploration of the interpretative practices and normative developments surrounding the subject matter. This dual approach facilitates a more nuanced understanding of the legal phenomenon under investigation by integrating formal legal analysis with broader socio-legal perspectives. Keywords: Diyat, Qisas, Islamic Jurisprudence, Pakistan Penal Code, Restorative Justice, Legal Reform, Coercion, Social Inequality, Shariah Law, Fasad-fil-Arz