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" CONSTITUTIONAL VACUUM IN THE LAW RELATING TO OFFENCES AGAINST HUMAN BODY CONSTITUTIONAL VACUUM IN THE LAW RELATING TO OFFENCES AGAINST HUMAN BODY   By   Asif Saeed Khan Khosa, Barrister‑at‑Law, Advocate, Supreme Court of Pakistan   In the case of Federation of Pakistan through Secretary, Ministry of Law and another v. Gul Hasan Khan PLD 1989 Supreme Court 633 the Shariat Appellate Bench of the Supreme Court of Pakistan, while deciding different appeals against a consolidated judgment of the Federal Shariat Court, had held that:   "The Court, for reasons separately recorded, has unanimously decided that:   (1) Sections 299 to 338 of the Pakistan Penal Code, 1860 which deal with offences against human body are repugnant to the Injunctions of Islam as they‑‑   (a) do not provide for the Qisas in cases of Qatl‑al‑amd (deliberate murder) and Jurooh‑al‑amd (deliberately causing hurt) as is prescribed in the Holy Qur'an and Sunnah;   (b) do not provide for Diyat in cases of Shibh‑ul‑amd and Khata of both Qatl (murder) and Jurh (hurt) as prescribed in the Holy Qur'an and Sunnah;   (c) do not provide for compromise between the parties on agreed compensation when they make Sulh (compromise) in cases of Qatl and Jurh;   (d) do not provide that the offender may be pardoned by the victim in cases of Jurh (hurt), and by the heirs of the victim in cases Qatl (murder) whereby the Court can only award him a sentence of imprisonment by way of Ta'zir which may not extend to imprisonment for life.   (e) do not exempt a non‑pubert and an insane offender from the sentence of death in cases of murder; and   (f) do not define the different kinds of Qatl and Jurh…