Qisas, or "eye-for-eye" punishment.

A village, council, in consultation with victims' families, ordered the rape of a girl as retributive punishment for another rape committed by her brother.
Would this recent case in Pakistan have occurred without the concept of Qisas being an integral part of Sharia, as well as being enshrined in Pakistani state law?

https://www.theguardian.com/world/2017/jul/27/20-members-of-pakistan-village-council-accused-of-ordering-of-girl

http://muslimarealm.blogspot.co.uk/2012/01/law-of-qisas-in-islam-and-its.html

Reply 1

Meany Pie

5

It is a seriously ****ed up country.

Reply 2

goku12345

12

if it was enshrined in pakistani law they would not have arrested that whole village

Reply 3

Al-farhan

20

Original post by QE2

A village, council, in consultation with victims' families, ordered the rape of a girl as retributive punishment for another rape committed by her brother.
Would this recent case in Pakistan have occurred without the concept of Qisas being an integral part of Sharia, as well as being enshrined in Pakistani state law?

https://www.theguardian.com/world/2017/jul/27/20-members-of-pakistan-village-council-accused-of-ordering-of-girl

http://muslimarealm.blogspot.co.uk/2012/01/law-of-qisas-in-islam-and-its.html

Without giving a detailed response, there is nothing shariah or qisas about this.
Qisas would be against the perpetrator not against someone innocent of any blame.
And the punishment for rape is already set under huduud.
You seem to always favour loaded questions formats that contain unjustified assumptions and presumption of guilt.

(edited 6 years ago)

Reply 4

Al-farhan

20

Original post by goku12345

if it was enshrined in pakistani law they would not have arrested that whole village

Indeed.

Hellhole~♪

An eye for an eye? What a primitive way to "punish" people. An eye for an eye makes the whole world blind.

(edited 6 years ago)

Reply 7

astutehirstute

11

The punishment originates in Islam, but then Pakistani " culture" comes from Islam so that ought not to be a surprise.

(On a side note that picture reminds me of parts of Slough... :biggrin:

)

Reply 8

QE2

OP

20

Original post by Al-farhan

Without giving a detailed response, there is nothing shariah or qisas about this.

I didn't say it was. I asked if it would have happened had qisas not been an integral part of both culture and the legal system.

You seem to always favour loaded questions formats that contain unjustified assumptions and presumption of guilt.

And you seem to be avoiding the question by attacking a straw man.

Explain the "unjustified assumption" or "presumption of guilt" in my OP.

Reply 9

QE2

OP

20

Original post by goku12345

if it was enshrined in pakistani law they would not have arrested that whole village

Are you seriously claiming that the concept of qisas is not enshrined in Pakistani law?
Let me reassure you that it is. The link in my OP gives the specific details of the relevant sections of the Pakistani Penal Code.

Reply 10

QE2

OP

20

Original post by Al-farhan

Indeed.

Are you also claiming that the concept of qisas is not a part of the PPC? *smh*

The relevant sections of the PPC, as inherited from the British, were declared incompatible with the Quran and Sunnah in Gul Hassan (PLD 1980 Peshawar 1). The Supreme Court upheld the decision (PLD 1989 SC 633) thus forcing the government to incorporate qisas in the PPC.

The current law (Sections 302, 309) of qisas is reflective of the Quran: it allows qisas and the waiver of qisas with or without compensation, ie diyat. Judicial oversight over sulh (ie forgiveness with or without diyat) is provided in Section 210. https://www.dawn.com/news/1053308

Reply 11

Farcical

why are u deliberately trying to bring islam into this and make it out like its there fault?? it would never condone disgusting crap like that, its a beautiful religion

Reply 12

username3118454

19

Why not rape the brother instead? (Not saying this is the moral way to go)

Reply 13

ThomH97

21

Why not let the rape victim rape the rapist with a dildo or something? If you're going to have rape as a punishment, that seems far more apt than getting two different people involved, where neither is a member of the law.

Reply 14

PTMalewski

20

You're missing the point that for some muslims, a rape victim is resposible for rape, because they think the victim provoked it.

If you remember it used to be a bit similarly with Europeans not a hundred years ago. Only in our culture rape was always generally considered as something bad or a sin, while in Islam it is not treated as something generally bad:

https://wikiislam.net/wiki/Rape_in_Islam
https://wikiislam.net/wiki/Rape_in_Islam#Conclusion

Reply 15

QE2

OP

20

Original post by Farcical

why are u deliberately trying to bring islam into this and make it out like its there fault?? it would never condone disgusting crap like that, its a beautiful religion

The argument "Islam does not condone brutal and barbaric punishment for "innocent" people" is clearly flawed. The evidence is in the Quran and sunnah.

However, that is not the issue here.
Qisas (retributive punishment, or "eye-for-an-eye" ) is demonstrably a fundamental part of Islam and Pakistani law.
The question is if such a concept encourages the use of retributive punishment.

Qisas, or "eye-for-eye" punishment.

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