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Reading: Policy brief advocates death penalty reform rooted in Islamic Jurisprudence
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Policy brief advocates death penalty reform rooted in Islamic Jurisprudence

Death penalty reform in Pakistan does not have to pit Islam against human rights, according to a policy brief launched on Friday. Instead, both traditions share common ground in principles such as the protection of life, justice, restraint, mercy, due process, and preventing irreversible injustice. Ahead of the World Day Against the Death Penalty, Justice Project Pakistan (JPP), with the support of the European Union, launched its policy brief, Capital Punishment in Islam, at Marriott Hotel in Islamabad.

7 Min Read

October 09, 2026

Staff Report


ISLAMABAD: Death penalty reform in Pakistan does not have to pit Islam against human rights, according to a policy brief launched on Friday. Instead, both traditions share common ground in principles such as the protection of life, justice, restraint, mercy, due process, and preventing irreversible injustice.

Ahead of the World Day Against the Death Penalty, Justice Project Pakistan (JPP), with the support of the European Union, launched its policy brief, Capital Punishment in Islam, at Marriott Hotel, Islamabad.

The policy brief examines the protection of the right to life through the framework of Islamic jurisprudence, with particular attention to the sanctity of life, mercy and forgiveness, evidentiary certainty, the principle of doubt, legal capacity, proportionality and judicial discretion. It explores how these principles intersect with Pakistan’s constitutional framework and international legal standards, with a focus on strengthening safeguards against wrongful or disproportionate punishment.

The brief brings these principles together in a practical framework for death penalty reform. It examines Islamic jurisprudence alongside international human rights standards and identifies how both can inform the way the death penalty is legislated, imposed and reviewed in Pakistan.

The event opened with a welcome by Sarah Belal, Executive Director of Justice Project Pakistan, and opening remarks by His Excellency Raimundas Karoblis, EU Ambassador to Pakistan. The event then marked the official launch of the brief, with Sarah Belal in conversation with its lead author, Prof. Dr. Sami Ur Rahman, Dean of the Riffat Mushtaq School of Law at IVY Academic Network, Islamabad.

Islamic law, human rights are not on opposite poles: Sarah Belal

“Islamic law and human rights law do not have to be placed on opposite sides of the room,” said Sarah Belal while speakig at the launch of the policy brief. There were traditions of justice, mercy, restraint and human dignity within Islamic law that could speak very powerfully to the human rights questions being asked today, she added.

The brief argues that Islamic law does not support an unrestricted, arbitrary or procedurally defective death penalty regime. Its analysis places particular emphasis on the protection of life, the need for certainty before the most irreversible punishment can be imposed, the principle of doubt, and the role of mercy and judicial discretion.

Brief recommends moratorium on executions, limiting the death penalty to intentional killing 

The policy brief recommends converting the current halt on executions into a formal moratorium, restricting capital punishment to intentional killing at minimum, removing mandatory death sentences, reviewing capital offences, strengthening fair-trial and mental-health safeguards, and making clemency and commutation procedures meaningful and transparent.

These recommendations are grounded in the recognition that the death penalty engages the most fundamental question of criminal justice: the taking of human life by the State. The brief therefore considers not only when punishment may be imposed, but also the legal and moral safeguards required before a life can be taken, particularly where errors in the criminal justice process may result in irreversible injustice.

GSP+ obligations call for narrowing scope death penalty: EU envoy

Raimundas Karoblis, EU Ambassador to Pakistan, said the policy brief bridged Islamic jurisprudence and International Human Rights Standards. He highlighted the shared values of justice, mercy and the sanctity of life in Islamic jurisprudence and international human rights. “As Pakistan prepares for its 2027 GSP+ reapplication, it calls for narrowing the scope of the death penalty, strengthening legal safeguards and addressing systemic challenges such as overcrowding and pre-trial detention.”

The EU ambassador said at its heart, the policy brief was about upholding human dignity, fairness, and the right to life. “The European Union maintains a strong, longstanding, and principled opposition to the death penalty and remains committed to supporting Pakistan in advancing these vital reforms.”

The launch brought together representatives from government institutions, prosecution departments, the judiciary and legal community, academia, civil society, the diplomatic community and the media. The discussion focused on the practical application of Islamic legal principles relating to due process, evidentiary standards, mercy, legal responsibility and the protection of vulnerable persons, and on how Pakistan can review its death penalty framework within its existing constitutional and Islamic framework while moving closer to international human rights standards.

Islamic law not in direct conflict with international human rights law: scholar

Discussing the brief, Professor Dr. Sami Ur Rahman said, “Islamic law is adaptable to any framework that does not directly conflict with the limits it prescribes; this includes international human rights law and other modern developments in legal systems.”

The publication builds on JPP’s national and international engagement on these questions, including Reimagining Justice: Harmonising Islamic Law and International Human Rights Standards on Capital Punishment, Pakistan’s first national academic forum on the subject, held with The University of Faisalabad in 2025, and JPP’s side event, Reducing the Scope of the Death Penalty in line with Islamic Principles, at the 9th World Congress Against the Death Penalty in Paris.

The last execution took place in December 2019 yet 29 offences still carry the death penalty. The brief concludes that death penalty reform in Pakistan need not be framed as a choice between Islam and human rights. It can instead be grounded in principles that both traditions recognise: protection of life, justice, restraint, mercy, due process and the prevention of irreversible injustice.

By placing the right to life, the sanctity of life and the safeguards surrounding the taking of life at the centre of the discussion, the brief seeks to contribute to a more rigorous academic and policy dialogue on the future of capital punishment in Pakistan.

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