To further understand, following are the details of the Qisas and Diyat Laws as per Pakistan Penal Code.
Section 310 of the Pakistan Penal Code (PPC) gives wali (heir) of a victim of qatl-e-amad to compound qisas, a right to demand “death” for such murderer. This Section reads as under:
“(1) In the case of qatl-e-amad, an adult sane wali may, at any time on accepting badal-i-sulh compound his right of qisas:
Provided that only giving a female in marriage shall not be a valid badal-e-sulhl
(2) Where a wali is a minor or an insane, the wali of such minor or an insane wali may compound the right of qisas on behalf of such minor or insane wali:
(3) Provided that the value of badal-i-sulh shall not be less than the value of diyat.
(4) Where the government is the wali it may compound the right of qisas:
(5) Provided that the value of badal-i-sulh shall not be less than the value of diyat.
Where the badal-i-sulh is not determined or is a property or a right of the value which cannot be determined in terms of money under shariah the right of qisas shall be deemed to have been compounded and the offender shall be liable to diyat.
Badal-i-sulh may be paid or given on demand or on a deferred date as may be agreed upon between the offender and the wali.
In this section badal-i-sulh means the mutually agreed compensation according to shariah to be paid or given by the offender to wali in cash or kind or in the form of movable or immovable property.”
The value of diyat is given under Section 323 of the PPC, which reads “the Court shall, subject to the injunctions of Islam as laid down by the Holy Quran and Sunnah and keeping in view the financial position of the convict and the heirs of the victim, fix the value of diyat which shall not be less than the value of thirty thousand six hundred and thirty grams (30,630 grams) of silver.”