Level 13- Mandatory Punishments (Hudud)

The Arabic term hadd (plural: hudud) is defined as a punishment stated in Islamic law for encroaching on the limits set by Allah. The hudud aim to deter people from committing acts of disobedience of Allah.

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Mandatory Punishments (Hudud)
Hudud are punishments for encroaching on the limits set by God, their legitimacy is based on the Quran, Sunnah and unanimity of scholars such as adultery and theft punishments.

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Adultery
Zina stands for both fornication and adultery, which are cardinal sins. Islamically, it refers to sexual intercourse between man and woman with no legitimate marital relationship.

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The nature of this sin
Zina is one of the gravest and most wicked sins, it leaves serious effects, causing absence of clarity of lineage. This is why, Islam warns very sternly against all extramarital relations.

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The mandatory punishment for adultery
To enforce the punishment for adultery, it must first be proven to have occurred. The proof required is either four confessions by the doer, or the testimony of four witnesses.

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The crime of false accusation of adultery
Accusing an innocent person with adultery or any immoral acts is strictly forbidden by God by clear statements. All Muslim scholars agree that it is a cardinal crime; due to the harm caused to the person and society.

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Punishment for false accusation
The prescribed punishment for false accusation of adultery is severe for reasons such as: protecting society, safeguarding honors and putting an end to evil talk and indecency.

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Drinking intoxicants
This article tackles the ruling on drinking intoxicants in Islam, it is unanimously agreed that it is forbidden. The reason, punishment and conditions are discussed in detail.

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Theft
Theft is a cardinal sin, it is an aggression on other people’s rights. The punishment for theft is cutting the hand of the thief, but there are conditions for this to be enforced.

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Discretionary punishments
Ta’zir, in the Islamic law, are punishments needed to protect society against chaos and corruption. The enforcement of a ta’zir punishment is subject to the Muslim ruler’s discretion.

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Enforcement
Enforcement of Ta’zir requires two types of actions: To neglect duties when one is able to fulfill them such as repayment of debts or doing what is forbidden such as bribes.

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Extent of punishment
Ta’zir punishment has no measures, they are left to the judge’s discretion, it can go as high as the capital punishment if it protects the community as in the case of spying crime.

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Types of ta'zir punishment
Types of ta’zir punishments are varied, they can be physical, financial, combination of both physical and financial, imprisonment and exile or moral punishments such as public rebuke.

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