Distinguishing Right from Wrong

The issue I raised will remain intact even after the solution suggested by Dr Wasti is adopted as the basic problem is not in the law but in its application. The problem is more than legal.

Again it is no argument to undermine a particular legislation just because the same was promulgated by a military ruler. It is also not just to refer the Qisas and Diyat laws to Gen. Zia ul Haq as the same were promulgated in 1990 during the PPP era, long time after the death of late Gen. Zia. There may be problems in any legislation whether promulgated by military ruler or anyone else. But it is not justified to say, without  impartial analysis, that a particular legislation is bad just because it is enacted by a military ruler.

As for as its transformation to the modern state theory is concerned, there is no problem in regard to the current Qisas and Diyat laws and they can be well adjusted in any kind of modern set up.

 It is also pertinent to explain the meaning of Syasah here. It simply means the administration of justice according to Shariah. It never gives the ruler any authority to deviate from the principles of Shariah as mentioned by Jörg Fisch in Cheap Lives and Dear Limbs: The British Transformation of the Bengal Criminal Law, 1769-1817. The basic objective of the Syasah jurisdiction is to fill the gaps left over to the state by Shariah and achieve the high purposes of Islamic law rather than deviate any of them.

Thus any change in the law, without giving any attention to the other factors, will be more like to deceive one`s self.  The main problems of the judicial delay, corruption, nepotism, and politicisation which result in reducing the level of social confidence in the overall judicial system will continue to exist. The point I want to make here is that all other factors that affect the administration of justice in Pakistan should be taken into account while formulating any policy regarding criminal justice. Merely changing the substantive provisions would not be of much help. The soul never thinks without a picture (Aristotle).