Murderer and Blood money
This research article will address main point under the light of laws: murder of poor from affluent — where only punishment the convict bear is monetary compensation, which is of course possible for him. Does this give him a license to be a killer? And an overview of killing someone in eyes of islam.
First things first, when someone kills the other person for whatever reasons the murderer violates the victims fundamental rights. He breaches several articles of constitution of the Islamic republic of Pakistan. For example article 9, which ensures the ‘right to life’. As article 9 states: “no person shall be deprived of life or liberty save in accordance with law”. So when someone kills the other person he not only rattles with article 9 but also with article 10(A) which guarantees ‘right to fair trial’. Article 10A says “for determination of his civil rights and obligations or in any criminal charge against him a person shall be entitled to a fair trial and due process”. In shadow of 10(A), a criminal do not give a chance to victim to prove his innocence in a court of law. Article 14 deals with the dignity of a man, the killer seems to take away the victim’s dignity as well. Another article 25 secure Equal treatment by law. However, when murderer takes laws in his own hands except for self defense, he is ridiculing the law.
Another question arises here, does ability to pay blood money gives an authority to be a habitual murderer? Well to answer this I will first go into details of how a murder causes a mental disturbance, emotional distress and a lifetime torture or even worse (in case the victim was only bread earner) to victims family. In addition to murder charges such person shall be held liable under section 268 of Pakistan penal code (PPC) by causing public nuisance and he shall then be convicted for causing public fear. Under section 506 (PPC) he can be convicted as well for criminal intimidation. To keep this cycle stop of paying blood money and walk free despite being a murderer, an air of deterrence in atmosphere is necessary.
Even after paying diyat/blood money, the guilt is still there. Whenever a offence constitutes an outrage against society in such cases the right to pay diyat no longer be available for the offender. However, crimes against human body are not considered as offense against society or the state but individuals. Given all above mentioned facts and laws murder is a heinous crime can only be commuted when rights of individuals are infringed. No one can give back the right to life to the deceased. That’s why heavy punishments are kept in the view of deterrence principle.
Concept of diyat in Islam is yet another debatable topic. Islam allows diyat as to compensate (to some extent) the irreplaceable loss of victims’ family. Nevertheless Islam strictly prohibits killing people at first place. Moreover, Islam strongly supports fundamental rights of humans. Most of people advocates committing this crime and then paying diyat based on Islamic teachings, values and morals. However, this is only due to the misinterpretation of Islamic teachings and the Sunnah of the Prophet (PBUH). Nowhere in the Quran or Sunnah, murdering someone is justified and no one, in any case, is permitted to take the law in their own hands.
Surah Noor Verse 93 reads
But whoever kills a believer intentionally — his recompense is Hell, wherein he will abide eternally, and Allah has become angry with him and has cursed him and has prepared for him a great punishment.
Surah Al-Furqan Verse 68 reads
And those who do not invoke with Allah another deity or kill the soul which Allah has forbidden [to be killed], except by right, and do not commit unlawful sexual intercourse. And whoever should do that will meet a penalty.
Surah Al-Ma’ídah Verse 32 reads
Because of that, we decreed upon the Children of Israel that whoever kills a soul unless for a soul or for corruption [done] in the land — it is as if he had slain mankind entirely. And whoever saves one — it is as if he had saved mankind entirely.
These are few among many other example from Quran. Islam has provided right to life and custodian of fundamental rights of humans.