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2) meaning of Hadd
Literal meaning of the Word HADD is limit
3) Definition of Hadd
Legally Hadd means those punishments whose limit has been defined in the Holy Quran and
Hadith
4) Meaning of Tazir
Literal meaing of the word Tazir is “ To Punish”
5) Definition of Tazir
Legally Tazir means those Punishments “where Judge is authorized to fix the nature of
punishment which may be fine, death, imprisonment, compensation etc against violation of
individual rights.
Proof of Zina
Offence should be proved by testimony of four eligible witnesses who
present evidence of actual penetration (Dakhool)
Or accused (Mulzim) must confess four times
Punishment of Zina
A. In case of Married
In case of married the punishment for zina is death by stoning
B. In case of Un-married
In case of non-married, the punishment is 100 lashes
2. Defamation
Any Person who is competent and adult whether male or female, slave or free,
falsely charges unlawful sexual intercourse without eyewitness is liable for Qadf.
Proof of Defamation
Offence should be proved by confession
Or testimony of two adult male free Muslims
Punishment of Defamation
Punishment for Qadf is 80 stripes for free person
And 40 stripes for slave
3. Drinking of Wine
Muslims are not allowed to drink wine because it will be considered a sin to
have a beer whatever the quantity and this is punishable act
4. Theft
This is the action or crime of stealing.
If offender takes something from custody of safe place
By stealing property with the value of ¼ dinar according to majority.
He should be punished for theft by Hadd
Punishment
Cutting of right hand from joint of wrist if theft is committed first time
5. Robbery
The taking of money or goods from the possession of another by force
It may be robbery from travellers who are far away from home
It may be armed entrance into a private home
Punishment
Death by beheading (Sar Qalam Krna)
Cutting off hands or foot
Life Imprisonment
6. Apostasy
Act of converting to another religion, by a person who was born in
a Muslim family or who had previously accepted Islam after awareness of
penalty which is death for men and physical punishment for women
7. Rebellion
Rebellion is an act of armed resistance against state and it also comes into the
Hadd ,
its punishment is death or life imprisonment
1. As to Object
The object is hadd is prevention of a crime by following the principles laid down in the
Quran and limits prescribed by ALLAH
The object of Tazir is reformation and correction of the offender
2. As to procedure
The procedure of trial in Hadd is complicated
The procedure of trial in Tazir is Simple, according to some jurists, Judge can judgment on
basis of his own knowledge
3. As to Right
Violation of rights of ALLAH gives raise to Hadood Punishments
Violation of rights of Individual gives raise to Tazir Punishments
4. Change of Sentence
The penalty of Hadd can’t be commuted
The penalty of Tazir can be commuted
5. Pardon of Sentence
Pardon can’t be granted in Hadood cases
Pardon may be granted in Tazir cases
6. Operation of Mistake
Doubt or mistake can effect the penalty of Hadood cases
Doubt or mistake can’t effect the penalty of Tazir cases
7. Rule of testimony
The evidence of women is not acceptable in Hadood Cases
The evidence of women is acceptable in Tazir cases, but the nisab of one man and two
women will have to keep in view
8. Standard of evidence
In hadood ,the standard of evidence is so high as to number, qualification and conditions
of witness because any doubt can prevent the implementation of hadd punishment
In Tazir,Standard of evidence is not so high
9. Mention of Offences
Some jurists listed seven hadd offences.
1. Murder
2. Apostasy from Islam
3. Robbery
4. Theft
5. Adultery
6. Defamation
7. Rebellion
8. Alcohol drinking
Tazir offences has not been mentioned because they are innumerable (Angint)
10. As to discretion
In Hadood crimes ,judge can’t exercise his discretion(Raye/Sawabaydeed)
In Tazir crimes, Judge can exercise his discretion
11. Replacement
Hadd punishment can be dealt with under Tazir
In Tazir the punishment of Hadood can’t be enforced
8) Conclusion
Punishment for Hadd and Tazir is part of Islamic law. Hadd was implemented in Arabic before
promulgation (Ishaat) of Islam as Tazir in Pakistan. Islamic law does have separate courts for
Muslims for RELIGIOUS CRIMES. Non-religious courts for other criminal and civil matter.
Objective of Islamic law and courts to secure the people of society from offenders