Shahzeb's Murder Drop Scene And Diyat Law

                      Shahzeb's Murder's Drop Scene And Diyat Law

It was cold night of 24th December, when Shahzeb was brutality gunned down in Karachi, allegedly after Shahzeb had altercation with one of the servants of  Shahrukh Jatoi, who threatened Shahzeb's sister of grave consequences. Shahrukh Jatoi along with Siraj Talpur and two other suspects chased Shahzeb's car, ruthlessly murdered him in front of many witnesses, so was the mind set and power of Feudal mentality. Shahzeb's Murder send shock waves among Human Right Organisations rather I should say it was a movement led by volunteers ( Middle Class Educated Youth ). Media played its part as well, continuously gave coverage to the whole event, Social Media was flooded with the news, volunteer's on their own created Shahzeb's pages, infect the whole Social Media was flooded with Shahzeb's picture. Every individual and political Leader rose above party affiliation and stood for a cause.

Chief Justice Iftikhar Chudhry took "Suo Moto" of the case giving it the much needed impedance and important it deserved. The case was run in ATC Sindh ( Anti Terrorist Court ). The ATC awarded Shahrukh Jatoi the main accused in the case, the Death Penalty. The other accused Siraj Talpur Capital punishment, while two other suspects were given life imprisonment. Speedy Justice was provided by courts as demanded by Civil Societies, volunteers protesting against the atrocity.

Yesterday, the case took a new turn when Shahzeb's family accepted "Diyat" and gave pardon to their son's murderers.  An ironic fact is, Shahzeb's father and Mother had  repeatedly promised  to all the volunteers ( Youth supporting the Movement ) that they wouldn't budge to any political or Social pressure from the Feudal Families of Jatoi's and Talpur's. So the anger is obvious from the young ones across the country, who for once stood against the Feudal Mind Set and challenged their might against all odds . Think about those witnesses, who stood against these land Lords despite threats of grave nature to themselves and their families.

 Now Question might be asked, were  not these witnesses  given  incentives ( Millions Of Rupees ), were their and their family lives not threatened ??. When they stood up to this challenge, why couldn't the family of Shahzeb, who's only son lost his life while protecting her sister and standing up courageously against these Land Lords brutality and mind set. Yes I agree the pressures were huge in fact I can assume in this case political and family pressure was monumental but they might have taken leaf out of volunteers and witnesses book who stood up courageously. The news, the Family accepting 350 million rupees plus Australian Nationality is even more devastating because  "Raymond Davis Saga" is still fresh in our memories where Diyat Law was used . I still remember a foreigner  quote "These Pakistanis can sell their Mothers for Money" . This whole saga has brought an utter disgrace, excruciating pain and sadness to the whole Nation, belief that you can get away with anything if you have money, resources etc. is just disgusting and painful.

Now let's talk about Diyat Law and it's history. In pre-Islamic Arab society cases of murder were usually settled by "Saar" (revenge ),  Qisaas and Diyat. Saar was the real objective of the Arabs, they believed that soul of the deceased remain in the World in some form, if revenge was not taken. It was result of these emotions that "Diyat" was considered a shameful act. These emotional challenges have nothing to do with actual concept of "Diyat". "Hence it is quite evident that Diyat is neither a monetary compensation for an economic loss nor a monetary worth of a human life. By nature it is 'Gharaamah' i.e a fine or penalty imposed on the criminal in lieu of Qisaas in case of intentional murder and in deed in all unintentional murders.

Explanation Of The Law

The injunctions related to Diyat regarding Un Intentional murders explained in 'Surah Nissa".

              "And whoever kills a believer by mistake, he must set a Muslim slave free, pay Diyat to the family of the victim, unless they forgive it. (4: 92 )

In case of Intentional murder, the quran directs us to pay 'Diyat' according to m'aroof or the General custom and tradition.

             "Then for whom there has been some remission from his brother, he should follow ( The Remission ) according to m'arrof and pay Diyat with Goodness. (2:178

It is evident from the above versus of "Surah Nisaa" and "Surah Baqarah" that in case of intentional as well as unintentional murders, Diyat should be paid according to customs and traditions of the society. Our Prophet ( pbuh ) followed these Quranic injunctions. By this Quranic directive, now,  Diyat has become the eternal Law Of the Shariah for all times for every society to follow, however its quantity, nature and other related affairs have been left to the custom and traditions of the local  society. The Diyat Law evolved from Pre-Islamic Arab era to Hazarat Mohammad (pbuh) era, has seen dramatic changes through it's course according to local customs and traditions of the society.

Important thing about the Law "the family of the victims has to give pardon to the culprits, receive Diyat according to the local customs and traditions of the society". 1) Now Question arises what if family of the victim intentionally sell the blood of the victim due to their greed ?? 2) why if The family is put under pressure by local political and social clans of the society ?? 3) Why if State is involved in influencing the Family of the victims ( Raymond Davis ) ?? 4) Why if the Culprits are very rich and influential part of our society, it will be next to impossible to punish them under current Law of Diyat ?? ( I personally have witnessed two cases in my family, when this Law was applied to get away from Murders ). These Questions will keep on haunting us, many in our society will keep on raising them unless we amend the Law to protect the poor and punish the Rich and Powerful.