Corporate Manslaughter and Islamic Law in Afghanistan and Pakistan

Abstract

Corporate manslaughter has become a well-known concept in the developed world, especially in the UK. Unfortunately, the legal systems of Afghanistan and Pakistan, though they have many laws dealing with corporations, their employees and workplace safety, still does not provide an adequate remedy to the victims of incidents where government agencies and corporations are the direct or indirect cause of the fatal incidents. However, corporate manslaughter is a criminal offence and the existing Islamic law can provide a solution for Afghanistan and Pakistan that cannot be matched by UK law. Both states do not need to introduce a new law for this purpose. The Pakistan Penal Code provides for the payment of diyat and other types of compensation where life and limb are destroyed. The Penal code of Afghanistan states that the Hanafi religious jurisprudence will apply in the cases relating to Diyat (blood money). Therefore, there is no real need of amendment in the existing laws of Afghanistan and Pakistan. The amount of diyat is also fixed by the Pakistani Law, and for Afghan Law it can be assessed according to the Hanafi school.