A Comparison between the System of Legal Retribution and Traditional Vendetta to Achieve Justice in Pakistani Society: A Comparative Jurisprudential Study

مقارنة بين نظامي القصاص الشرعي والثأر العرفي لتحقيق العدالة والأمن في المجتمع الباكستاني: دراسة فقهية مقارنة

Abstract

The concept of retribution in cases of intentional murder is a defined punishment prescribed by Sharia law, aiming to achieve justice between the perpetrator and the victim by punishing the offender with the same act they committed. However, in contemporary conflicts, particularly in the Khyber Pakhtunkhwa region of Pakistan, this concept has been misinterpreted. Individuals are killed under the pretext of seeking justice in these conflicts, sometimes leading to the unjust killing of innocent members of the offender's family. These conflicts can persist for years, resulting in the loss of numerous innocent lives. There is an urgent need to compare the traditional understanding of legal retribution with customary retribution in modern conflicts, ensuring a balance that contributes to justice and peace in contemporary societies. This study aims to shed light on the exacerbation of contemporary conflicts in Pakistani society, elucidating how the concept of legal retribution and its applications can be understood in this context. It seeks to analyse and understand how legal retribution interacts with customary retribution in modern conflicts, examining its compatibility with religious and social values and ethics. The research also strives to propose approaches and policies aimed at achieving justice and peace in this context, taking into account social and human factors.