Extra-Judicial Homicide and the Concept of Ghayra' in Sindh: An Analytical Study of Honor Killings under Islamic Jurisprudence and Pakistani Law (2020-2025)

SAHAR ALLAH  BUX; SHAHID HUSSAIN  WASSAN; MUHAMMAD NOOR MUSTAFA  BARKATI

SAHAR ALLAH BUX Research Scholar
SHAHID HUSSAIN WASSAN Research Scholar and Advocate Sindh High Court.
MUHAMMAD NOOR MUSTAFA BARKATI PhD Scholar University of Karachi

Keywords: Honor Killing, Karo-Kari, Sindh, Islamic Jurisprudence, Hifz al-Nafs, Pakistan Penal Code, Criminal Law Amendment 2016, Gender-Based Violence, Maqasid al-Shari'ah

Abstract

The practice of karo-kari (honor killing) in Sindh represents a critical rupture between tribal customary law and the ethical mandates of Islam. This study provides a specialized examination of honor-based homicides in Sindh, Pakistan, during the period of 2020-2025, investigating the confluence of patriarchal social structures and the misinterpretation of religious doctrine. Utilizing a tripartite methodology, the research synthesizes empirical data from the Human Rights Commission of Pakistan (HRCP) and provincial police records with a rigorous deconstruction of primary Islamic sources (Nusus).

The paper contends that "honor" killings are entirely devoid of sanction within the Quran, Sunnah, or classical Fiqh. Central to this argument is the principle of Maqasid al-Shari’ah, specifically the Sanctity of Human Life (Hifz al-Nafs), which renders any extrajudicial execution a grave transgression (Ma’siyah) and a violation of the State’s monopoly on justice. Despite the Criminal Law (Amendment) Act 2016, statistical analysis reveals a staggering 43 percent increase in reported cases in Sindh as of 2024, exposing a persistent implementation gap. The study concludes by identifying the judicial challenges surrounding Wali (guardianship) and Sulh (composition) in honor crimes, proposing a reformative framework that harmonizes Islamic legal ethics with contemporary human rights standards to eradicate this systemic crisis.