الجنايات والحدود في الإسلام

Lesson 12: Crimes and Punishments (الجنايات والحدود)

• Al-Qisas (retaliation) in punishment is a saving of life for people of understanding, so they may acquire Taqwa (fear of Allah).

• For male and female fornicators, the punishment is 100 lashes each, without leniency, in the presence of a number of believers.

• Avert prescribed punishments as much as possible; if there is a way out, let the accused go free to err in forgiving is better than to err in punishing.

The Wisdom of Punishment (حكمة الحدود)

• Hadd in Islamic law is a prescribed punishment for a sin to prevent similar offenses.
• Religious and worldly affairs require peace, maintained by preserving life, religion, lineage, mind, and wealth.
• Retaliation is prescribed to protect life
• Punishment for apostasy is to protect religion
• Punishment for adultery is to protect lineage
• Punishment for drunkenness is to protect sanity
• Punishment for theft is to protect wealth
• Intercession or pardon isn't allowed regarding fixed punishments.
• A crime is established by confession or evidence.

Punishment for Crimes (حد الجنايات)

• Crimes, whether killing or wounding against Muslims, are forbidden as unjustly killing a Muslim is a major sin.
• Murder has three categories: intentional, almost-intentional, and accidental.
• Intentionally killing a Muslim using something lethal is termed "intentional."
  • Retaliation is obligatory unless pardoned, in which case ransom is due from the killer.
• Striking with something not usually lethal, resulting in death, is "almost-intentional."
• Shooting at something and unintentionally hitting and killing someone is "accidental."
  • There is no retaliation for almost-intentional or accidental killings; blood money, one hundred camels, is due.
  • Expiation is obligatory if one kills someone whose killing is forbidden which is freeing a slave, or fasting two consecutive months.
• Retaliation is permissible for limbs which is a hand for a hand, foot for a foot, etc.
• Adultery is punished with one hundred lashes and one year's exile for the unmarried, and stoning for the married.
• Slander gets eighty lashes as punishment
• Theft leads to amputation of the hand
• Drunkenness is forty lashes.
  • Apostasy and transgression are punished by death, applicable to sane, adult, informed individuals.

Discretionary Punishment (التعزير)

• Ta'zir is a disciplinary action for sins without prescribed punishment/expiation, like mild beating, imprisonment, or reprimand.

• Ta'zir is permissible for:

  • Imam: for sins lacking fixed penalties/expiation.
  • Parents: for disciplining children for bad behavior.
  • Teachers: for disciplining students, with guardian's permission.
  • Husbands: for disciplining wives regarding his rights or forbidden acts like abandoning prayer.

Judiciary (القضاء)

• Judiciary involves ruling among people.
• Appointing a judge in each region is an individual obligation.
• Accepting judiciary is a social obligation, unless someone is appointed in a district, which makes it an individual obligation.
• A judge loses eligibility and is removed from office.
• While judges can resign, Imams cannot dismiss them unless due to defects, a better replacement, or benefit.
• All of the above is applicable if it is not permanent otherwise it is forbidden