INTRODUCTION
In Islamic criminal law, every person, irrespective of any distinction of nation, rank, caste or creed, is liable to the punishment provided an offence is proved against him. If successful, the legal consequences of criminal proceedings are several penalties provided in the form of Hadd and Tazir.
ISLAMIC THEORY OF CRIMINALITY
(a) The leading theory of criminality in Islam is that a man is responsible for his actions. The Holy Quran says,
“Each soul earnseth only on its account”.
(b) Another approach to the theory of crime is that no one will be responsible for the actions of others. The Holy Quran says:
“Nor doth any laden bear another’s (load) except collective responsibility for payment of damages resulting from a crime.”
Wikipedia has also extensively covered this topic. You can also read Islamic Criminal Law in detail.
OBJECT OF PUNISHMENT IN ISLAM
The main object of punishment in Islam is;
- To punish the criminal
- To deter others from committing similar crimes
KINDS OF PUNISHMENT
1. HADD PUNISHMENT
Hadd is that punishment, the measure of which is fixed. Hadd means that penalty is the limit set in the Quran and Hadith.
Following are the seven Hadd offences.
(1) ZINA
Zina is liable for the hadd when a sane adult man or woman not married or suspecting to have been married together indulges in sexual intercourse.
(a) Proof of Zina
The Zina that is liable to hadd is proved either.
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- The confession of the accused
- The testimony of four adult Muslim male witnesses
(b) Punishment of Zina
In the case of Muhsan
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- The punishment is rajam or stoning to death.
In the case of Non-Muhsan
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- The punishment is whipping numbering 80 stripes at a public place.
(2) QAZF
Qazf is liable to hadd constituted when any person, who is an adult, intentionally and without ambiguity makes an imputation of zina susceptible to hadd against any person who is Muhsan and capable of performing sexual intercourse.
(a) Proof of Qazf
The offence of qazf is proven, either
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- The confession of the accused
- By the testimony of two adult male free Muslim witnesses.
(b) Punishment of Qazf
In the case of a free person
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- The punishment is 80 stripes
In the case of enslaved people
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- The penalty is 40 stripes
(3) DRINKING
An adult Muslim who takes intoxicating liquor by mouth is guilty of drinking and liable to hadd.
(a) Proof of Drinking
The crime is proved by the testimony of two adult male Muslims who fulfilled the requirement of Tazkiya-al-Shahud.
(b) Punishment of Drinking
The punishment is 100 stripes.
(4) THEFT (SIRAQA)
Whoever, being an adult, surreptitiously commits, from any Hirz, theft of property of the value of the nisab or more is said to commit theft liable to hadd.
Proof of theft
Theft that is liable to hadd is held proved, either
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- When the accused pleads guilty
- When at least two adult Muslim witnesses give evidence as an eyewitness of the occurrence.
(5) HARABAH
It is also referred to as a significant theft, and it partakes of and resembles the offence of robbery, dacoity and extortion, but it is the same.
(a) Proof of Harabah
Harabah is proved in the same manner as the theft offence liable to hadd.
(b) Punishment of Harabah
Different penalties vary with the nature of the case.
(6) APOSTASY
It is a change of faith. The one who converts himself to another religion and gives up Islam is called an “infidel“.
Punishment of Apostasy
For men
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- The death penalty
For women
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- Physical punishment
(7) REBELLION
According to some jurists, rebellions also come into hadd.
Punishment
The penalty is death for rebellions.
2. TAZIR PUNISHMENT
Tazir punishment is a form of discretionary punishment in Islamic law that allows judges to determine the penalty for offences not explicitly defined by the Quran or Hadith. It provides flexibility in sentencing, taking into account the circumstances and individual characteristics of the offender.
(i) Definition
Tazir is the punishment prescribed and awarded by the courts other than Qisas, Diyat, Arsh and Daman.
(ii) Award of tazir
Tazir is the punishment left to the discretion of the court and should be exercised in a judicial manner and according to the facts and circumstances of the case.
(iii) Infliction of tazir
Imposing fines, scourging, imprisonment, etc., may inflict Tazir.
(iv) Objects of tazir
Its objects are the correction of the offender and the prevention of the recurrence of the crime.
TA’ZIR CRIMES
Ta’zir is inflicted on offences against human life and body, property, public peace and tranquillity, decency, morals, religion, perjury, forgery, gambling, contempt of court, etc.
CONCLUSION
All the acts are punishable offences. If successful, the legal consequences of criminal proceedings are several punishments, provided in the form of Hadd and Tazir. The object of criminal proceedings is to punish wrongs.
FREQUENTLY ASKED QUESTIONS
Explain the different classifications of Punishments under Islamic Shariah. Does Hadd fall within the category of compoundable crimes?
(2019-A)
Islam has categorized crime regarding punishments in three significant areas: Hadd, Tazir, Qisaas and Diyat. Explain briefly.
(2019-A five years)
Is there any difference between Hadd, Tazir and Qisas & Diyat crimes?
(2018-A)
What are the classifications of Punishments under Islamic Shariah? Whether Hadd is a compoundable crime?
(2017-S)
What are the different kinds of punishments known to Islamic Law? Can Qisas and Diyat be regarded as Hadd Law?
(2017-A)
Islam has classified punishments into Hadd, Tazir, Qisaas and Diyat. Explain and elucidate.
(2016-S)
What are the different punishments provided under Islamic Law?
(2016-A)
REFERENCES
- Islamic Jurisprudence by Imran Ahsan Khan Nyazee
- N-Series by M.A. Chaudhary
