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⏸️ STOP REDIRECT & STAY ON PAGEماورائے عدالت سزائیں: قتل، قید، جبری گمشدگی اور نیفے میں پستول کا شرعی، قانونی اور سماجی جائزہ: EXTRA-JUDICIAL PUNISHMENTS: A SHARIAH, LEGAL, AND SOCIAL ANALYSIS OF KILLING, IMPRISONMENT, ENFORCED DISAPPEARANCE, AND ENCOUNTER KILLINGS | Al-Aasar
Abstract
Abstract
This research presents a comprehensive analytical study of extra-judicial punishments prevalent in contemporary Pakistani society, including extra-judicial killings, unlawful imprisonment, enforced disappearances, and police encounter killings. The study examines these practices through the lenses of Islamic Shariah, constitutional law, and their social implications. The research argues that extra-judicial punishments fundamentally contradict the Islamic principles of justice, due process, and the presumption of innocence, which require that no person be punished without clear evidence, proper judicial proceedings, and the right to defense. Similarly, the Constitution of Pakistan guarantees fundamental rights including the right to life, liberty, and fair trial, which are systematically violated by extra-judicial measures. The study analyzes the doctrine of "al-asl bara'at al-dhimmah" (the principle that every person is presumed innocent until proven guilty) and the Qur'anic emphasis on tathabbut (verification) and bayyinah (clear evidence) as foundational Islamic principles that prohibit punishment without proof. It also critiques the recent Anti-Terrorism Amendment Bill 2025, which expands preventive detention powers, arguing that such laws undermine judicial oversight and create opportunities for abuse. The study highlights the negative social consequences of extra-judicial punishments, including erosion of public trust in the justice system, increased social fragmentation, and the risk of targeting innocent individuals. It also acknowledges the public frustration with the slow and corrupt judicial system that drives support for extra-judicial actions. The research concludes that sustainable peace and justice can only be achieved through strengthening the formal judicial system, ensuring accountability, and adhering to the Islamic and constitutional principles of justice, fairness, and due process.
This research presents a comprehensive analytical study of extra-judicial punishments prevalent in contemporary Pakistani society, including extra-judicial killings, unlawful imprisonment, enforced disappearances, and police encounter killings. The study examines these practices through the lenses of Islamic Shariah, constitutional law, and their social implications. The research argues that extra-judicial punishments fundamentally contradict the Islamic principles of justice, due process, and the presumption of innocence, which require that no person be punished without clear evidence, proper judicial proceedings, and the right to defense. Similarly, the Constitution of Pakistan guarantees fundamental rights including the right to life, liberty, and fair trial, which are systematically violated by extra-judicial measures. The study analyzes the doctrine of "al-asl bara'at al-dhimmah" (the principle that every person is presumed innocent until proven guilty) and the Qur'anic emphasis on tathabbut (verification) and bayyinah (clear evidence) as foundational Islamic principles that prohibit punishment without proof. It also critiques the recent Anti-Terrorism Amendment Bill 2025, which expands preventive detention powers, arguing that such laws undermine judicial oversight and create opportunities for abuse. The study highlights the negative social consequences of extra-judicial punishments, including erosion of public trust in the justice system, increased social fragmentation, and the risk of targeting innocent individuals. It also acknowledges the public frustration with the slow and corrupt judicial system that drives support for extra-judicial actions. The research concludes that sustainable peace and justice can only be achieved through strengthening the formal judicial system, ensuring accountability, and adhering to the Islamic and constitutional principles of justice, fairness, and due process.