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15 U. C. Davis J. Int'l L. & Pol'y 93 (2008-2009)
A Charade of Change: Qisas and Diyat Ordinance Allows Honor Killings to Go Unpunished in Pakistan

handle is hein.journals/ucdl15 and id is 95 raw text is: A CHARADE OF CHANGE: QISAS AND DIYAT ORDINANCE ALLOWS
Stephanie Palo
This study begins with the story of Samia Sarwar. At age 17, Samia
married her cousin through an arranged marriage. When Samia tried to
obtain a divorce, her relatives hired an assassin to kill her. Although this
was a murder, Pakistani law allowed Samia's mother and uncle, the most
apparent accomplices in her murder, to remain free. As expected, under the
Qisas and Diyat Ordinance, Samia's parents forgave the murderer they
hired to kill their daughter. Since 1999, several amendments to Pakistan's
Penal Code (PPC), particularly the 2004 amendment and the Protection of
Women (Criminal Laws Amendment) Act of 2006, introduce legislative
action to end honor killings and gender discriminatory legal practices in
Pakistan. Until the Qisas and Diyat Ordinance is removed from the PPC,
however, perpetrators of honor killings need not fear retribution because
many commit their crimes with the consent of family members. Pakistan
must revoke its Qisas and Diyat Ordinance in order to stop these heinous
murders from going unpunished and to prevent discrimination against
women within Pakistan in accordance with international human rights law.
This article will examine all aspects of the Qisas and Diyat Ordinance
and its significance to the women and laws of Pakistan: its place within
Pakistan's parallel legal systems; the history of Shariah laws and the birth
of the Qisas and Diyat Ordinance; the role of Islam in the perpetuation of
the Qisas and Diyat Ordinance; how the tradition of honor killings finds a
safe haven in the Qisas and Diyat Ordinance; how the act runs counter to
the constitution of Pakistan; and how the Qisas and Diyat Ordinance
violates international law.
Killings are private offences, against the individual, not the
state, so who will bring and pursue the charges of murder? If the
father or brother kills a woman, the family of the girl will not
pursue the case, as in their eyes no wrong has been done... The

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