Is Diya a Form of Clemency?

Research output: Journal Publications and Reviews (RGC: 21, 22, 62)21_Publication in refereed journal

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Detail(s)

Original languageEnglish
Pages (from-to)149-179
Journal / PublicationBoston University International Law Journal
Volume34
Issue number1
Publication statusPublished - Mar 2016

Abstract

Under Islamic Sharia Law, diya is the payment of “blood money” to compensate for death or injury caused by a serious offense against a person and to provide the perpetrator relief from retaliation in kind. The question of whether diya in a murder case constitutes a form of clemency or pardon - that is, a final non-judicial relief against a death sentence, commonly granted by the executive - is an important issue that has not been sufficiently addressed by scholars of Islamic Law or by scholars of capital punishment. In this Article, I argue that while diya may bear many conceptual similarities to clemency and pardon as understood in secular common law systems, diya should not be exclusively considered through this lens for the purposes of the interpretation of international human rights law and for the future empirical study of Islamic law. The clemency literature may begin to help secular scholars understand diya, but as I argue, the practice of diya constitutes an amalgamation of civil and criminal law — a sui generis institution of Islamic Sharia law.

Research Area(s)

  • Diya, Celemency, Pardon, Death Penalty, Capital Punishment, Islamic Law, Sharia, Shariah

Citation Format(s)

Is Diya a Form of Clemency? / PASCOE, Daniel.

In: Boston University International Law Journal, Vol. 34, No. 1, 03.2016, p. 149-179.

Research output: Journal Publications and Reviews (RGC: 21, 22, 62)21_Publication in refereed journal