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" RIGHT OF LEGAL HEIRS TO COMPOUND MURDER RIGHT OF LEGAL HEIRS TO COMPOUND MURDER IN CASE OF DEATH SENTENCE AS TAAZIR By Dr. M. Aslam Khaki, Advocate Supreme Court and Jurisconsult Federal Shariat Court of Pakistan Before we dilate upon the debate whether the concession of compounding is available in case of death sentence in murder as Ta'azir, the term Qaisas & Ta'azir should be understood in its Islamic perspective.   MEANING OF QISAS: The synonym of Qisas is 'Qawad' which means Retribution i.e. 'Killing for the Killing and injury for the injury'.   TA'AZIR The dictionary meaning of Ta'azir is to check or reprimand.   As a term of Shariah, Ta'azir means the punishment for the offence or crime in which there is no Hadd, Qisas or expiation So according to the scope of Ta'azir by its definition, Ta'azir will be applicable only to the crimes or offences in which Shariah has not prescribed any punishment or expiation. In section 302(b), P.P.C. the punishment of death for murder cannot be named and treated Ta'azir as not only the crime of Qisas is specified in such offence but also the punishment of death is prescribed. Hence the application of the term Ta'azir with its consequences as in section 302(b) are void ab initio. The death penalty in section 302(b), P.P.C. is in fact a Qisas for all the applications and purposes. It is also noteworthy that Ta'azir may be awarded in a case where the heirs of the deceased have pardoned the murderer but the murderer has committed brutely in murdering has terrorized the public or has committed any other crime with the murder like rape, dacoity etc. It is to be seriously noticed that the term 'Qisas' does not mean the absolute punishment by the State rather is the 'right' of wali to either retaliate or enter into…