From Doctrine to Dignity: Reconstructing Pakistan’s Capital Punishment Framework Through Islamic Jurisprudence and Human Rights Norms

Abstract

This study examines Pakistan's capital punishment framework through the intersecting lenses of Islamic jurisprudence and international human rights norms. The research addresses the challenge of aligning the country’s extensive death penalty statutes with constitutional guarantees, principles of Shari‘a, and global human rights obligations. Using a qualitative research design grounded in doctrinal analysis, comparative legal study, and normative inquiry, the paper critically evaluates statutory provisions, judicial practices, and interpretive traditions in Pakistan. Key findings reveal a significant gap between the intended objectives of Islamic criminal law—protection of life, proportionality, and mercy—and the contemporary application of the death penalty, which is often overbroad and procedurally deficient. The study demonstrates that a harmonized framework is possible by narrowing the scope of capital offenses, enhancing procedural safeguards, and integrating restorative justice mechanisms. The proposed model emphasizes maqasid al-shari‘a, due process, and human dignity, offering policy pathways for reform that are constitutionally sound, culturally legitimate, and compliant with international standards. These insights contribute to ongoing debates on justice, human rights, and Islamic law in Pakistan.