diyat
Under classical Islamic law, offences against the person fall under qisas (retaliation in kind) and diyat (compensation). The heirs of a murdered person may forgo retaliation and accept diyat; for unintentional killing, diyat is the normal liability, often paid by the offender's kin group (aqila). The amount was fixed by the jurists, traditionally in camels or its value.
Diyat is not part of Indian criminal law, which is territorial and secular; compounding of offences is governed by s.359 BNSS (old s.320 CrPC), and courts may order compensation to victims under s.395 BNSS (old s.357 CrPC). The concept still applies in some countries, such as Pakistan, and appears in jurisprudence and comparative criminal law papers.
Example
Under classical Islamic law the victim's heirs could accept diyat instead of qisas; Indian law instead lets the court order compensation under s.395 BNSS.
In Indian law
- Section 395 BNSS (old s.357 CrPC): order to pay compensation
See also
Read more in the study notes
- Family law, modernisation and social transformation (Law and Social Transformation in India)
- Notion of punishment in law: meaning, history and purpose (Penology and Victimology)
- Victimology: meaning, history and philosophy (Penology and Victimology)
- Restitution and restorative justice (Penology and Victimology)
- Victimology in India: history, the UN Declaration and the legal framework (Penology and Victimology)