INTERNATIONAL ISLAMIC UNIVERSITY ISLAMABAD

Faculty of Sharai'ah and Law

Assignment of Criminal Law II Classification of Islamic hurts into simple and grievous hurt

Submitted to: Muhammad Mushtaq Submitted by: MUHAMMAD KAMRAN PASHA

2859-SF/LLB/F08

Classification of Islamic Hurts into simple and Grievous hurt

Islam is the state religion of Pakistan. During the course of islamization process, the Qisas & Diyat Ordinance, based on the concept provided under the Islamic laws (Shariah) was promulgated initially in the year 1990, and since then it was, periodically re-promulgated till it was passed by parliament in 1997.The Concept of law of Qisas and Diyat as incorporated in the Pakistan Penal Code (PPC), 1860 Chapter XVI under the title Offences Affecting the Human Body It replaced many provisions of P.P.C including Section 319 and 320 dealing with Hurt and Grievous Hurt respectively. New kinds of hurts were placed instead of these two, Islamic kinds of these hurts extend to fifteen in number. Basically they are Five but have kinds and these kinds have further sub kinds. The basic five are given below: 1) 2) 3) 4) 5) Itlaf-i-udw Itlaf-i-salahiyyat-i-udw Shajjah Jurh All kind of other hurts

The table given below Classifies Islamic kind of hurts into grievous and simple hurts:-

1-

Types of hurt According to Qisas and Diyat ordinance Itlaf-i-udw

Classification into Grievous and simple hurt Grievous hurt

Reason to Classify Itlaf-i-udw is a grievous hurt because permanently removing a body part is defined as a grievous hurt in section 320 0f IPC and old PPC Itlaf-i-salahiyyat-i-udw is a grievous hurt because damaging the function of an organ is classified as a grievous hurt in section 320 of IPC and old PPC It can be grievous as well as simple hurt because Sajjah is a very general term used when any hurt to head or face of a person Because in Shajjah-i-khafifah bone is not exposed nor it is fractured therefore it doesnt amounts the standards mentioned in section 320 of IPC and old PPC It is grievous hurt because if such a wound is inflicted it can leave it scar amounting to disfigurations according to section 320 clause 6 of IPC and old PPC Fracture of facial bone or tooth cause great pain and suffering to the injured person and hence it is considered Grievous hurt according to Section 320 Clause 7 of IPC and old PPC Fracture and dislocation of facial bone or tooth cause great pain and suffering to the injured person and hence it is considered Grievous hurt according to Section 320 Clause 7 of IPC and old PPC Fracture of skull bone and the wound touches the membrane is a grievous hurt because Section 320 Clause 7 sets a standard that if there is a fracture of a bone it will be considered as grievous hurt It can be classify as grievous hurt on the basis of Clause 7 as well as 8 of IPC and old PPC

2-

Itlaf-i-salahiyyat-i-udw

Grievous hurt

Shajjah

Grievous and simple hurt

3-

Shajjah-i-khafifah

Simple hurt

4-

Sajjah-i-mudihah

Grievous hurt

5-

Shajjah-i-hashimah

Grievous hurt

6-

Sajjah-i-munaqqiillah

Grievous hurt

7-

Shajjaj-i-ammah

Grievous hurt

8-

Sajjah-i-damighah

Grievous hurt

9-

Types of hurt According to Qisas and Diyat ordinance Jurh Jaifah

Classification into Grievous and simple hurt Grievous Hurt

Reason to Classify Because Any hurt to body cavity of a person may endanger his life thereore if is grievous hurt according to Section 320 clause 8 of IPC and old PPC A Jurh Ghayr-jaifah Damiyah doesnt reaches to the standard of hurt mentioned in section 320 of IPC and old PPC therefore it is simple hurt Because bone is not exposed nor it is fractured therefore it doesnt amounts the standards mentioned in section 320 of IPC and old PPC A flesh wound which means it is simple hurt judging according to standards mentioned in section 320 of IPC and old PPC Although the bone is exposed but it is not broken neither dislocated which means it is simple hurt judging according to standards mentioned in section 320 of IPC and old PPC Fracture of bone cause great pain and suffering to the injured person and hence it is considered Grievous hurt according to Section 320 Clause 7 of IPC and old PPC Fracture and dislocation of a bone amounts to grievous hurts as mentioned in section 320 clause 7 of IPC and old PPC

10-

Jurh Ghayr-jaifah Damiyah

Simple Hurt

11-

Jurh Ghayr-jaifah Badiah

Simple Hurt

12-

Jurh Ghayr-jaifah Mutalahimah

Simple Hurt

13-

Jurh Ghayr-jaifah Mudihah

Simple hurt

14-

Jurh Ghayr-jaifah Hashimah

Grievous hurt

15-

Jurh Ghayr-jaifah Munaqqillah

Grievous hurt