DefinePK

Abstract

This research examines Pakistan's framework for paying compensation to crime victims, defined in Section 544-A of the Criminal Procedure Code, 1898. It brings to light an important flaw: the lack of an explicit mechanism for the quantification of compensation awards. A review of pertinent legal precedents shows glaring disparities and possible inequities arising from this lack of a standardized mechanism. To fill this gap, we look at the Islamic concept of diyat as a potential basis for an equal and efficient system. Our proposed model brings forth some of the essential features of diyat, such as emphasizing punishment for criminals, facilitating reconciliation and mediation among affected parties, and ensuring robust judicial checks and transparency. We aspire to improve on the inadequacies of the current system through these principles. However, we understand that the feasibility of bringing into operation a framework was based on diyat. Challenges involved coping with the complexity of integrating Islamic and secular legal traditions, guaranteeing fairness and preventing discrimination, and attaining common acceptance by parties.  Ultimately, this research contends that incorporating diyat principles into Pakistan's victim compensation framework offers a promising pathway towards greater fairness, consistency, and social cohesion within the criminal justice system. This, in turn, can enhance access to justice for victims and contribute to a more just and equitable society.