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http://www.pakistani.org/pakistan/legislation/1860/actXLVof1860.html
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Part of a related article:
"This discretionary power to punish after waiver of Qisas in case of Qatl-i-Amd
liable to Qisas, or to refuse a settlement in a case of Qatl-i-Amd liable to
Tazir, has been granted to trial and appellate judges under the Qisas & Diyat
laws. Unfortunately, Pakistan’s judges have in the past misunderstood the Islamic
jurisprudential principles at the foundations of these laws and have failed to
exercise their discretionary powers. Most judges refuse to sentence the accused in
Qisas cases after a pardon by any of the heirs or fail to adequately police the
compromise settlement in Tazir cases. As a result the critics rightly argue that
the Qisas & Diyat laws result in acquittals for the accused in a majority of
cases. The responsibility for this regrettable state of affairs lies squarely with
our judiciary rather than with Islamic law.
http://www.thenews.com.pk/Todays-News-13-4181-Raymond-Davis-vs-Qisas-&-Diyat-Laws