Difference between Hadd and Tazir
1) Introduction
In Islamic law, there are two kinds of punishments given by Islamic law which is Hadd and Tazir. Tazir refers to punishment for offenses at the discretion of the judge Hadd refers to punishment for offenses as mentioned in Holy Quran and judges can’t change them. In Islamic Law, the aim or objective of such kind of punishments is to the reformation of criminals and disgrace them
2) Types of Punishment
Types of punishments are divided into two types
1. Hadd
A. Literal meaning
Word hadd means limit
B. Definition of Hadd
Legally Hadd means those punishments whose limit has been defined in the Holy Quran and Hadith
2. Tazir
A. Literal meaning
Literally means disgracing the criminal for his shameful act
B. Definition of Tazir
Legally Tazir means those Punishments “where the Judge is authorized to fix the nature of punishment which may be fine, death, imprisonment, compensation, etc against violation of individual rights.
3) Hadd crimes and punishments
No judge can change or reduce the punishment for these serious crimes because these have been set by ALLAH in the Quran. The Hadd crimes are:
1. Murder Punishment
- Death by retaliation
- Compensation (Payment or property)
- Pardon by the victim's family
2. Apostasy from Islam Punishment
Punishment
- Death by Beheading
- Imprisonment until repentance
3. Robbery Punishment
- Death by beheading
- Cutting off hands or foot
- Imprisonment
4. Theft Punishment
Cutting of the right hand from the joint of the wrist if theft is committed the first time As for the thief, male or female, cut off the hands of both from the joint of the wrist
5. Adultery Punishment
Stoning to death for those who are married 100 lashes for those who are unmarried or bachelor
6. Defamation Punishment
80 lashes are defined under Hadd for defamation
7. Alcohol drinking Punishment
80 lashes are defined under Hadd for Alcohol Drinking
8. Rebellion Punishment
Death if Captured by the forces
Tazir's Punishment if surrendered or arrested himself
4) Tazir Crimes and punishments
Judge can fix a punishment at his discretion against violation of the rights of individuals Tazir's crimes are less serious than the crimes found in the Quran. Tazir punishments vary according to circumstances. Change time to time and place to place. The objective of such punishment is to prevent society from offenders in the future. Judges are not bound to make decisions on behalf of Precedent, later case, etc
Some of the most common punishments come under Tazir crimes:
- Counseling
- Fines
- Public or private pressure
- Imprisonment
- Seizure of property
- Confinement in the home
- Lashes
5) Difference between Hadd and Tazir
Being Muslims, we must accept wholeheartedly all the tenets of Islam. Hadd crimes are crimes against ALLAH’s Law. Tazir crimes are crimes against society. Islam has defined two kinds of punishment namely Hadd,Tazir, Punishments for Hadood are integral parts of Islam that can’t be reduced by a Judge. In Tazir crimes, judges are authorized to fix the nature of punishment at their discretion Following are some points of distinction between hadd and tazir
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 the reformation and correction of the offender
2. Procedure
The procedure of trial in Hadd is complicated
The procedure of trial in Tazir is Simple, according to some jurists, the Judge can judge on
basis of his knowledge
3. As to Right
Violation of the rights of ALLAH gives rise to Hadood Punishments
Violation of the rights of Individuals gives rise to Tazir's 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
The pardon may be granted in Tazir cases
6. Operation of Mistake
Doubt or mistake can affect the penalty of Hadood cases
Doubt or mistake can’t affect 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 hard punishment In Tazir, the Standard of evidence is not so high
9. Mention of Offences
Some jurists listed seven hadd offences.
- Murder
- Apostasy from Islam
- Robbery
- Theft
- Adultery
- Defamation
- Rebellion
- Alcohol drinking
Tazir offenses have not been mentioned because they are innumerable
10. Discretion
In Hadood crimes, the judge can’t exercise his discretion
In Tazir crimes, the 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
6) Conclusion
Punishment for Hadd and Tazir is part of Islamic law. Hadd was implemented in Arabic before the 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 matters. The objective of Islamic law and courts is to secure the people of society from offenders