Open AccessU-19 Review of Specific Laws for Women in Sharia Criminal Law and their Adherence to Statutory Laws
Author(s) -
Muhammad Ishaq,
Muhammad Adil,
Owais Anwer
Publication year - 2020
Publication title -
al-iʿjāz taḥqīqī majallah barāʾe islāmiyyāt va insāniyyāt
Language(s) - English
Resource type - Journals
eISSN - 2707-1219
pISSN - 2707-1200
DOI - 10.53575/u19.v4.02(20).299-314
Subject(s) - sharia , law , islam , human rights , statutory law , political science , criminal law , criminal code , sociology , history , archaeology
The slogan of gender equality and gender equality is constantly being used today and unfortunately it raises more objections to Islamic injunctions than to women's rights. Although Islam is a compete code of conduct for human life and its rules have taken care of human nature, so in the rules that apply to both men and women, the natural characteristics of both have been taken into consideration. Because of the development of various forms of media today, objections to Islamic injunctions in the name of gender equality are gaining strength. This article seeks to ascertain the validity of these objections and compares the specific provisions of Islamic criminal law regarding women with the existing laws of Pakistan. As a result of this comparison, it has come to light that on the one hand, in some cases, women have been given less rights than men, such as not accepting their testimony in the cases clearly defined by ALLAH (in Qur’an called as حدود الله) and the Diyat (دیت)of a woman is equal to half of the Diyat (دیت) of a man etc. On the other hand, in most of the rulings, women are given precedence over men, such as in case of fighting in a war along with men, the renouncement of Qisas or any other charges from women, respite in stoning due to pregnancy, the renouncement of Qisas or any other charges in case of forced compulsion by someone else, renouncement of Diyat (دیت) in Qisamat and the condition of being with a Mehram (محرم) in exile etc., and even where their rights are apparently less evident, there is a clear consideration of their nature in implementing of those laws..