Title PhD
Assessment of Capital Punishment in Pakistan: Special Reference to Shari'ah and International Human Rights Law.
Research field/ discipline
International Human Rights Law.
Introduction PhD
Capital punishment is one of the emerging issues in the modern era. International human rights law considers this punishment against human dignity, but classical Islamic law does not share the same perspective. Therefore, there is an immense need to analyze human dignity and capital punishment considering the opinions of classical and modern jurists and scholars versed in international human rights law and Islamic law.
Abstract
The analysis of capital punishment under Islamic law holds significant importance as it directly influences the ability of Muslim countries to ratify the Second Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR) or even to reduce the scope of capital punishment. This research endeavors to examine capital punishment and the potential for Muslim countries, particularly Pakistan, to ratify the ICCPR's Second Optional Protocol. It aims to delve into Islamic law concerning human dignity and capital punishment, alongside an exploration of Pakistani laws to identify the nature and quantity of crimes punishable by death. The study also seeks to understand why Pakistan and other Muslim nations continue to uphold capital punishment and elucidate the realities that hinder their ratification of the UN treaty or addressing the issue comprehensively. This research proposes a flexible approach by exploring the limitations of capital punishment under Islamic law, where it prescribes such penalties for very few crimes, rendering it impractical within the international human rights framework. Advocates for the abolition of capital punishment uphold the right to life as absolute and inalienable. Both Islamic law and international human rights law value the protection of life and the administration of justice. However, the conflict arises in the prioritization between individual interests and the collective welfare of society. Nevertheless, a comprehensive and unbiased investigation aims to bridge the gap between international human rights law and Islamic law, especially the domestic laws of Muslim countries. A comparative analysis between International Human Rights Law (IHRL), Islamic Law, and the domestic laws of Pakistan will form the basis for recommendations offered at the conclusion. These recommendations intend to assist Muslim countries in viewing the issue from a broader perspective.