A Shar‘iah Analysis of Prevailed Decisions in Pecuniary Punishments in Pakhtun Society

پختون معاشرے کے مروجہ نجی فیصلوں میں تعزیر بالمال کی عملی صورتوں کاشرعی جائزہ

Abstract

Pakht┴n society has its own justice system which has different types of penalties and remedies to maintain the justice in the society. This study concentrates to investigate the nature of pecuniary punishment’s practice in distressing issues like killing, civil injuries and criminal offences. Perpetrators are punished to resolve the disputes. On one hand, this paper aims to find out answer to the methods of inflicting decisions in Pakht┴n’s cult and on other hand, to shed light on the legal status of arbitration regarding resolving such issues in the light of Qur’an and Sunnah. Study results illustrate that in some cases the offenders are charged in term of money to facilitate the victims, while in other cases both of the parties, perpetrators and victims, are called upon on meal for reconciliation of their dispute. Besides this, sometimes it is observed that the offenders are not only awarded pecuniary punishment but they are exiled as well.