Where perpetrators guilty of qatl-i-amd are exempt from qisas under section 306 or where qisas is unenforceable per clause_________________?
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Answer: A. Diyat
Explanation
Section 306 exemptions or unenforceable qisas provisions shift the legal penalty to financial compensation known as diyat. Diyat acts as the mandatory alternative financial remedy when retributive punishment cannot be legally administered. Islamic criminal jurisprudence provides structured monetary reparations to ensure victims or heirs receive justice. Qisas represents the principle of retributive punishment, allowing equivalent physical retaliation in specific violent crimes. Diyat is a fixed monetary compensation payable to the heirs of a victim under specific legal exemptions. Statutory penal codes carefully outline the transition from physical retribution to financial compensation in homicide cases.
Arsh refers to compensation specified for non-fatal injuries rather than the primary alternative for exempt qatl-i-amd. Daman applies to specific non-fatal hurt cases where no fixed arsh has been designated by law. Option D is incorrect because option A accurately identifies diyat as the correct statutory remedy.
- Subject
- Law
- Category
- Judiciary and Law
- Topic
- —
- Difficulty
- medium
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