Comparative Study of Rights of Prisoners in Pakistan With Reference to Islamic Law and International Human Rights Standards

  • Sheraz Ahmad Khan
  • Sobia Bashir
  • Abdus Samad khan
Keywords: Prisoners' Rights, Pakistan Penal System, Islamic Law and Prisoners, International Human Rights Standards, Mandela Rules, Human Rights in Pakistan, Prison Reform

Abstract

This research paper presents a comprehensive comparative analysis of the rights of prisoners in Pakistan, with a special focus on the alignment of these rights with Islamic law and international human rights standards. The study is motivated by the increasing concern over reports of human rights abuses in Pakistani prisons and aims to provide a thematic understanding of prisoners' rights within this specific context. The methodology adopted for this research is descriptive and involves a critical analysis of international human rights instruments, Pakistani laws, and Islamic teachings. The study also incorporates case studies and real-life instances to provide a grounded perspective on the practical application of these laws. The paper begins with an overview of the current state of prisoners' rights in Pakistan, outlining the existing legal framework and the realities within the prison system. It then delves into an analysis of prisoners' rights as delineated in Islamic law, emphasizing the humane treatment of prisoners and their access to legal representation, healthcare, and education. This is followed by a discussion of international human rights standards, particularly the Mandela Rules, and their application to the treatment of prisoners. A significant part of the research involves a comparative analysis of the rights of prisoners in Pakistan against the backdrop of Islamic law and international standards. This comparison highlights both congruities and disparities, underscoring the challenges in implementing these rights within the Pakistani context. The paper also presents case studies that illustrate violations of prisoners' rights in Pakistan, emphasizing the urgent need for reform. The conclusion and recommendations section synthesizes the findings, advocating for the implementation of Islamic law and international human rights standards in the Pakistani penal system. It calls for improvements in existing laws and policies to better safeguard the rights of prisoners. The study highlights the need for comprehensive reforms, increased awareness, and advocacy to bridge the gap between policy and practice in the protection of prisoners' rights in Pakistan.

Published
2023-11-23