Is Raymond Davis eligible to be forgiven under Qasas Wa Diyat or Vienna convention?

Americans are the one who were in front row of accusing Islam.. After 9/11..bad , extremist, terrorist were the words used most commonly for Islam and Muslims.. What happen now eh? Now when they see no way to save Davis they are trying their best to find a way in Islam so they can get Raymond Davis back and save him from punishment. Funny and ironic..

The religion who was demonic to them has suddenly become so respectful for them that instead of letting Davis face the trail they want the victims of that incident’s family to pardon him according to the prescription of Qasas Wa Diyat..

Now the question arises for the readers what is Qasas wa Diyat?

Qasas wa Diyat is the concept of forgiving the a murderer by the society or the family against whom the crime was committed against. “ON THE WILL OF THE VICTIMS” and not by force..

Here I am quoting few references for more clarification of the idea

On the authority of Anas, who said: I heard the messenger of Allah say:

Allah the Almighty has said: “O son of Adam, so long as you call upon Me and ask of Me, I shall forgive you for what you have done, and I shall not mind. O son of Adam, were your sins to reach the clouds of the sky and were you then to ask forgiveness of Me, I would forgive you. O son of Adam, were you to come to Me with sins nearly as great as the earth and were you then to face Me, ascribing no partner to Me, I would bring you forgiveness nearly as great as its.”

To receive forgiveness from God there are three requirements:

  1. Recognizing the offense itself and its admission before God.
  2. Making a commitment not to repeat the offense.
  3. Asking for forgiveness from God.

If the offense was committed against another human being, or against society, a fourth condition is added:

  1. Recognizing the offense before those against whom offense was committed and before God.
  2. Committing oneself not to repeat the offense.
  3. Doing whatever needs to be done to rectify the offense (within reason) and asking pardon of the offended party.
  4. Asking God for forgiveness.

Reference: The Doors of Repentance
by Imâm al-Madîna al-Munawarrah ‘Alî Abd-ur-Rahmân al-Hudhaifî

Reference from Qura’an:

يَا أَيُّهَا الَّذِينَ آمَنُوا كُتِبَ عَلَيْكُمُ الْقِصَاصُ فِي الْقَتْلَى ۖ الْحُرُّ بِالْحُرِّ وَالْعَبْد ُ بِالْعَبْد ِ وَالْأُنْث َىٰ بِالْأُنْث َىٰ 

ۚ فَمَنْ عُفِيَ لَهُ مِنْ أَخِيهِ شَيْءٌ فَاتِّبَاع ٌ بِالْمَعْر ُوفِ وَأَدَاءٌ إِلَيْهِ بِإِحْسَان ٍ ۗ ذَٰلِكَ تَخْفِيفٌ مِنْ رَبِّكُمْ وَرَحْمَةٌ ۗ فَمَنِ اعْتَدَىٰ بَعْدَ ذَٰلِكَ فَلَهُ عَذَابٌ أَلِيمٌ

”O believers! Retaliation is prescribed for you in the cases of murder: a free man for a free man, a slave for a slave, and a female for a female. But if anyone is pardoned by his aggrieved brother, then bloodwit (a ransom for manslaughter) should be decided according to the common law and payment should be made with gratitude. This is a concession and a mercy from your Rabb. Now, whoever exceeds the limits after this, shall have a painful punishment.”

Surah 2. Al-Baqara, Ayah 178.

Islam has left it up to the family of the slain to pardon the murderer, if they so wish, in which case the blood money is on the murderer who pays it to the family of the slain, and the case is closed.

We notice that Islam does not seek to nurture in the heart of the relative of the slain a feeling of hatred and vengeance, nor does it nourish in him the urge for revenge; on the contrary, Islam exhorts him to pardon and forgive, albeit indirectly.

وَجَزَاءُ سَيِّئَةٍ سَيِّئَةٌ مِثْلُهَا ۖ فَمَنْ عَفَا وَأَصْلَحَ فَأَجْرُهُ عَلَى اللَّهِ ۚ إِنَّهُ لَا يُحِبُّ الظَّالِمِ ينَ

The recompense for an injury is an injury equal thereto (in degree): but if a person forgives and makes reconciliation His reward is due from Allah: for (Allah) loveth not those who do wrong.”

Surah 42. Ash-Shura, Ayah 40

The purpose of Qasas (retaliation, or punishment) in Islam is not to punish the criminal as much as it is to discourage him from committing a crime and to thwart his resolve, warning him that if he kills someone, he will be punished for it.

The above mentioned references are to describe clearly what significance Qasas wa Diyaat holds in Islam and among Muslims.

Now question arises does Raymond Davis deserve or is eligible to be forgiven under Qasas Wa Diyat?

He doesn’t fulfill the requirement of being eligible to be forgiven under this prescription. Mr. Davis is not accepting the crime he convicted in fact is denying it and instead is blaming the victims, and changing his statements.. So he definitely doesn’t full fill the need “Making a commitment not to repeat the offense. And recognizing the offense before those against whom offense was committed and before God.”

These were the facts on religious grounds as the crime was committed in an Islamic state. And the victims were Muslims. Now for those who don’t believe in Islam or religion. For whom the judicial judgment is of supreme importance. For whom their verdict is supreme. Who accepted the Afia’s 86 years of imprisonment as “FAIR JUDICIAL JUDGMENT”. Then why now bothering? Why trying to find an escape for that not so diplomat Raymond Davis?

Is really Raymond Davis A diplomat?? Then American embassy is way to slow that they took 72 hours to announce if he was a diplomat. And if he was a diplomat. The US media has confirmed what the US government is denying. Davis runs a private security firm. He is a military contractor. He was registered in Colorado as the owner of a security firm. What was his job in Lahore/Isb/Pesh? And can a diplomat carry an unlicensed gun?

Questions stay un-answered.

However, if we study the Articles of Vienna Convention 1961, some interesting facts surface.

One, The person of a diplomatic agent shall be inviolable. He shall not be liable to any form of arrest or detention. The receiving State shall treat him with due respect and shall take all right steps to prevent any attack on his person, freedom or dignity (Article 29 of the Vienna Convention 1961). Those who support the release of Raymond Davis on this ground obviously forgot to read the related laws within the Convention that takes away absolute blanket coverage under the guise of “diplomatic immunity” to visiting / appointing diplomats.”

Two, Article 38 of the Vienna Convention 1961 sets out to state that except insofar as other privileges and immunities may be granted by the receiving State, a diplomatic agent who is a national of or permanently resident in that State shall enjoy only immunity from jurisdiction, and inviolability, in respect of official acts performed in the exercise of his functions.

The above law clearly differentiates between an act carried out as part of his official duties and those done as a personal act. Any actions done personally and outside the ambit of official duties shall not be covered by “diplomatic immunity”. –Says Yasmeen Ali (Lawyer)

Not even Vienna convention supports the killing of Pakistan’s citizen. I am not giving here any verdict that he shall be punished or that he is guilty, instead I am waiting for the judicial decision to come forth. As being a Pakistani I do respect judicial body of Pakistan. And expect the same from American government, that instead of pressurizing Pakistani government they should wait for judicial verdict. As we did in Afia’s case.

The main reason to write this paper is to tell people and our RESPECTED Prime minister that as u announce that you will try to get matters solved on base of Qasas Wa Diyat. Mr. Davis isn’t eligible for it. And that even Vienna convention doesn’t support unlimited diplomatic stability.