Qisas and Hudud: Islamic Legal Penalties PDF

*Qisas (Retaliation)* and *Hudud (Fixed Punishments)* are both legal penalties in Islamic jurisprudence, but they differ in nature, purpose, andconditions. Here is the distinction between them: 1. Definition: - *Qisas*: This is the punishment applied in cases of crimes that affect lifeorphysical h...

*Qisas (Retaliation)* and *Hudud (Fixed Punishments)* are both legal penalties in Islamic jurisprudence, but they differ in nature, purpose, andconditions. Here is the distinction between them: 1. Definition: - *Qisas*: This is the punishment applied in cases of crimes that affect lifeorphysical harm, such as murder or injuries. Qisas means equal retaliation, where the offender is punished with the same act they committed (a lifeforalife, or injury for injury). - *Hudud*: These are fixed punishments prescribed by Islamic lawfor certaincrimes considered as violations of the rights of Allah and the community. These punishments are fixed and cannot be increased or decreased. Theyapply to crimes like adultery, theft, slander, drinking alcohol, and highwayrobbery. 2. Crimes Covered: - Qisas: Covers crimes related to intentional murder or deliberate bodilyharm, such as intentional killing or intentional injury. - Hudud: Covers crimes that relate to violating Allah's limits, such as: - Adultery: The punishment is stoning for the married or flogging for theunmarried. - Theft: The punishment is the amputation of the hand. - Slander: The punishment is eighty lashes. - Drinking alcohol: The punishment is flogging. - Highway robbery (Hirabah): This can involve killing, crucifixion, or exile, depending on the crime. 3. Purpose: - Qisas: Aims to achieve personal justice and fair retaliation betweentheoffender and the victim. It allows the victim's family or the injuredpersontheright to choose between retaliation (qisas), forgiveness, or accepting bloodmoney (diyah). - Hudud: Aims to protect society from crimes that threaten moral andreligious order. These are the rights of Allah, and once the crime is proven, there is no room for negotiation or modification. 4. Forgiveness and Pardon: - Qisas: The victim's family or the injured party may waive their right toqisasand forgive the offender, or accept compensation (diyah) in place of retaliation. - Hudud: Once a hudud crime is proven in court, it cannot be waivedor forgiven by individuals because these are the rights of Allah and not subjecttopersonal discretion. 5. Punishment: - Qisas: Is applied proportionally to the crime committed; the punishment must match the offense (a life for a life, an eye for an eye, a woundfor awound). - Hudud: The punishments are fixed by divine law and cannot be alteredorreduced. They must be carried out as specified by the Quran and Hadith. 6. Legal Basis: -Qisas: Based on the Quranic verse: "And We ordained for them therein a life for a life..." (Surah Al-Ma'idah: 45). -Hudud: Includes various verses and hadiths, such as the verse: "As for the thief, the male and the female, amputate their hands..." (SurahAl-Ma'idah: 38) And: "The woman and the man guilty of adultery or fornication, flogeachofthem with a hundred stripes..." (Surah An-Nur: 2). Summary: Qisas relates to personal justice between the offender and the victim, whileHudud focuses on protecting the moral and social order. Qisas canbeforgiven, but Hudud cannot be pardoned once the crime is proven.