ISLAMABAD – Since reporters were not allowed to cover the proceedings of the case against Raymond Davis and no verdict of the court was released, the settlement of the case has become something of a mystery as US Secretary of State Hillary Clinton and the State Department deny the US paid any compensation money to the victims’ heirs while a private TV channel gave a break-up of the amount distributed among the two families.
Under Islamic Law, an heir of the victim in a case of qatl-i-amad (murder) can either waive qisas (blood for blood) without taking any compensation, which falls under section 309 of the Pakistan Penal Code (PPC), or settle the qisas with compensation (diyat) which comes under section 310 of the PPC.
Media reports, as well as statements of government functionaries and political leaders, suggested that the victims’ families settled the qisas of Fahim and Faizan under Section 310 of the PPC by accepting “blood money”, but others, including Clinton, claimed that no compensation was given to the victims’ families, which would suggest that they dropped charges against Davis under Section 309 (without compensation).
A private TV channel reported, however, that Faizan’s mother had received Rs 33.3 million, each of his three brothers had received Rs 7.5 million, each of his 5 sisters had received Rs 3.78 million, and his widow had received Rs 25 million in compensation. It was also reported that Fahim’s father had received Rs 10.11 million, his mother had received Rs 33.3 million, his brothers had received Rs 11.1 million and his two sisters had received Rs 5.55 million in compensation.
What Diyat law says
309- Waiver (Afw) of qisas in qatl-i-amd:
(1) In the case of qatl-i-amd, an adult sane wali may, at any time and without any compensation, waive his right of qisas: Provided that the right of qisas shall not be waived; (a) where the Government is the wali, or (b) where the right of qisas vests in a minor or insane.
(2) Where a victim has more than one Wali any one of them may waive his right of qisas: Provided that the wali who does not waive the right of qisas shall be entitled to his share of diyat.
(3) Where there are more than one victim, the waiver of the right of qisas by the wali of one victim shall not affect the right of qisas of the wali of the other victim.
(4) Where there are more than one offenders, the waiver of the right of qisas against one offender shall not affect the right of qisas against the other offender.
310 – Compounding of qisas (Sulh) in qatl-i-amd:
(1) In the case of qatl-i-amd, an adult sane wali may, at any time on accepting badl-i-sulh, compound his right of qisas: Provided that a female shall not be given in marriage or otherwise in badal-i-sulh.
(2) Where a wali is a minor or an insane, the wali of such minor or insane wali may compound the right of qisas on behalf of such minor or insane wali: Provided that the value of badl-i-sulh shall not be less than the value of diyat.
(3) Where the Government is the wali, it may compound the right of qisas: Provided that fee value of badi-i-sulh shall not be less than the value of diyat.
(4) Where the badl-i-sulh is not determined or is a property or a right the value of which cannot be determined in terms of money under Shari’ah, the right of qisas shall be deemed to have been compounded and the offender shall be liable to diyat.
(5) Badl-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.
