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 (Shar’iah) 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) Itlaf-i-udw2) Itlaf-i-salahiyyat-i-udw3) Shajjah4) Jurh5) All kind of other hurts

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

Types of hurt According to Qisas

and Diyat ordinance

Classification into Grievous and simple hurt

Reason to Classify

1- Itlaf-i-udw Grievous hurt 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

2- Itlaf-i-salahiyyat-i-udw Grievous hurt 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 PPCShajjah Grievous and simple

hurtIt 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

3- Shajjah-i-khafifah Simple hurt Because in Shajjah-i-khafifah bone is not exposed nor it is fractured

therefore it doesn’t amounts the standards mentioned in section 320 of

IPC and old PPC

4- Sajjah-i-mudihah Grievous hurt 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

5- Shajjah-i-hashimah Grievous hurt 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

6- Sajjah-i-munaqqiillah Grievous hurt 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

7- Shajjaj-i-ammah Grievous hurt 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

8- Sajjah-i-damighah Grievous hurt It can be classify as grievous hurt on the basis of Clause 7 as well as 8 of

IPC and old PPC

Types of hurt According to Qisas

and Diyat ordinance

Classification into Grievous and simple hurt

Reason to Classify

9- Jurh Jaifah Grievous Hurt 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

10- Jurh Ghayr-jaifah Damiyah

Simple Hurt A Jurh Ghayr-jaifah Damiyah doesn’t reaches to the standard of hurt

mentioned in section 320 of IPC and old PPC therefore it is simple hurt

11- Jurh Ghayr-jaifah Badi’ah

Simple Hurt Because bone is not exposed nor it is fractured therefore it doesn’t amounts the standards mentioned in section 320

of IPC and old PPC

12- Jurh Ghayr-jaifah Mutalahimah

Simple Hurt A flesh wound which means it is simple hurt judging according to

standards mentioned in section 320 of IPC and old PPC

13- Jurh Ghayr-jaifah Mudihah

Simple hurt 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

14- Jurh Ghayr-jaifah Hashimah

Grievous hurt 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

15- Jurh Ghayr-jaifah Munaqqillah

Grievous hurt Fracture and dislocation of a bone amounts to grievous hurts as

mentioned in section 320 clause 7 of IPC and old PPC