MONETARY COMPENSATION: AN ANALYSIS OF THE RATIONALE BEHIND AWARDING ARSH IN HURT CASES

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SHAZIA HASSAN, AMARA KHANAM, TAJWAR WASEEM KHAN, MUHAMMAD HAIDER ZAIDI

Abstract

Within the framework of Islam, ‘Diya’ or ‘Blood Money’ is carried out. It is a system of financial compensation which allows the victim, or the victim’s family to be compensated in situations of injury, accidental death, or any other offence involving harm. This concept originates from the Quran, as well as the Sunnah, which consists of the actions and teachings of Prophet Muhammad (PBUH).


The main concept of Diya is the providing of financial assistance to people which have suffered due to injury, death or harm. It is aimed at promoting forgiveness within Muslims, and is also considered to be a method of resolving issues and conflict between people, as well as promoting the principle of justice.

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Author Biography

SHAZIA HASSAN, AMARA KHANAM, TAJWAR WASEEM KHAN, MUHAMMAD HAIDER ZAIDI

1SHAZIA HASSAN, 2AMARA KHANAM,3TAJWAR WASEEM KHAN, 4MUHAMMAD HAIDER ZAIDI

1Assistant Professor (Law), The Institute of Legal Studies (TILS), Lahore, Punjab, Pakistan.

2Assistant Professor (Law), The Institute of Legal Studies (TILS), Lahore, Punjab, Pakistan.

3Assistant Professor (Law), The Institute of Legal Studies (TILS), Lahore, Punjab, Pakistan.

4Partner at AUC Law, Lahore

References

Section 333 of CrPC 1898

Section 334 of CrPC 1898

Section 335 of CrPC 1898

Section 336 of CrPC 1898

Section 336A of CrPC 1898

Section 336B of CrPC 1898

Section 337Q of CrPC 1898

Section 337R of CrPC 1898

Section 337S of CrPC 1898

Section 337T of CrPC 1898

Section 337U of CrPC 1898

Section 337V of CrPC 1898

Section 337W of CrPC 1898

Section 32 of Cr. P. C

PCrLJ 901 Isb

Section 32(1)(a) of CrPC 1898

Section 30 of Cr. P. C