Lawyers mixed on ‘diyat’ compensation proposal

 

The government says ‘diyat’ compensation is being considered as a substitute for the mandatory death sentence.

GEORGE TOWN: A lawyer said giving “diyat” compensation to the family members of victims of serious crimes would stir public anger since it would create a “forgiveness without punishment” situation.

In Islamic law, “diyat” refers to compensation to the families of victims following a serious offence.

Suzana Norlihan said Islam teaches forgiveness, but members of the public would still be outraged if a rich offender got away without punishment after paying “diyat” that he could afford.

“They may repeat the offence, and the public will lose faith in the criminal justice system,” she told FMT. “I am sure the public will say cash is king.”

She was commenting on a report that “diyat” compensation was being considered by the government as a substitute for the mandatory death sentence.

Bernama quoted religious affairs minister Idris Ahmad as saying the government was having a “lengthy” discussion on the proposal.

He also said that should there be a need to set up a special committee, it would be handled by law minister Wan Junaidi Tuanku Jaafar, and the views of relevant parties would be sought.

Suzana said the government should take public interest into account in the discussion since Islam also teaches that any law should consider the present situation in the country, especially if corruption was rampant.

Despite her reservations about “diyat”, she believed it would benefit families of deceased victims who were sole breadwinners or caregivers.

“I would prefer that if the offenders could pay ‘diyat’, then they would get 15 years of imprisonment, but if they could not pay, then 30 years,” she said.

“This way, you can have a balance (of justice and compassion) and the public will feel a sense of security.”

Diyat doable in Malaysia, says another lawyer

Lawyer Akberdin Abdul Kader said “diyat” compensation was “doable” in Malaysia, as it was carried out in Middle Eastern countries like Saudi Arabia.

He said it was implementable as long as the government created guidelines on the payment rate according to the gravity of the crime committed.

“For example, when it comes to murder, the ‘diyat’ to the family of the victim would depend on whether it was intentional or a culpable homicide that did not amount to murder,” he said.

He said the payment rate was the most important component in the “diyat” compensation system, where the amount would be determined by the next of kin of the deceased.

“If you pay a pittance to the family members, they will surely reject it,” he told FMT. “Therefore the government needs to come up with a formula to determine the payment rate.”

Akberdin also said there were instances where families allowed offenders to pay a small amount if they came from a poor background.

In cases where government intervention was not required, the two parties could determine the payment rate, he said. - FMT