Hadd and Tazir
What is meant by Hadd and Tazir? How many hadd offenses are there in Islam? Differentiate between the two.
Introduction
In Islamic law, there are two kinds of punishments given by Islamic law which are Hadd and Tazir. Tazir refers to punishment for offenses at the discretion of the judge. Hadd refers to punishment for offenses as mentioned in the 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
Meaning of Hadd
The literal meaning of the Word HADD is limit
Definition of Hadd
Legally Hadd means those punishments whose limit has been defined in the Holy Quran and Hadith
Meaning of Tazir
The literal meaning of the word Tazir is “ To Punish”
Definition of Tazir
Legally Tazir means those Punishments “where a Judge is authorized to fix the nature of punishment which may be fine, death, imprisonment, compensation, etc against violation of individual rights.
List of Hadd offenses
Some jurists have presented its seven kinds which are as under,
Unlawful sexual intercourse
Zina in Islam is unlawful sexual relations between Muslims who are not married to one another through a nikah (Islamic marriage)
Proof of Zina
The offense should be proved by the testimony of four eligible witnesses who present evidence of actual penetration or the accused must confess four times
Punishment of Zina
In the case of Married
In the case of marriage, the punishment for Zina is death by stoning
In the case of Unmarried
In the case of non-married, the punishment is 100 lashes
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
Offense should be proved by confession
Or testimony of two adult male free Muslims
Punishment of Defamation
Punishment for Qadf is 80 stripes for a free person
And 40 stripes for slave
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 a punishable act
Proof of drinking vine
Crime should be proved by two adult male eligible Muslims
Theft
This is the action or crime of stealing.
If an offender takes something from the custody of a safe place
By stealing property with the value of ¼ dinar according to the majority.
He should be punished for theft by Hadd
Punishment
Cutting of the right hand from the joint of the wrist if theft is committed the first time
Robbery
The taking of money or goods from the possession of another by force
It may be robbery from travelers who are far away from home
It may be armed entrance into a private home
Punishment
- Death by beheading
- Cutting off hands or foot
- Life Imprisonment
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 the penalty which is death for men and physical punishment for women
Rebellion
Rebellion is an act of armed resistance against the state and it also comes into the Hadd,
its punishment is death or life imprisonment
Difference between Hadd and Tazir
Being Muslims, it is obligatory for us to wholeheartedly accept 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, and Tazir. Punishments for Hadood are an integral part of Islam which can’t be reduced by judges. In Tazir crimes, judges are authorized to fix the nature of punishment at their discretion (Sawabaydeed) Following are some points of distinction between hadd and tazir
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
As to procedure
The procedure of trial in Hadd is complicated
The procedure of trial in Tazir is Simple, according to some jurists, the Judge can judgment based on his knowledge
As to Right
Violation of rights of ALLAH gives raise to Hudood Punishments
Violation of the rights of Individuals gives rise to Tazir Punishments
Change of Sentence
The penalty of Hadd can’t be commuted
The penalty of Tazir can be commuted
Pardon of Sentence
Pardon can’t be granted in Hudood cases
The pardon may be granted in Tazir's cases
Operation of Mistake
Doubt or mistake can affect the penalty of Hudood cases
Doubt or mistake can’t affect the penalty of Tazir cases
Rule of testimony
The evidence of women is not acceptable in Hudood Cases
The evidence of women is acceptable in Tazir cases, but the nisab of one man and two women will have to be kept in view
Standard of evidence
In hudood,the standard of evidence is so high as to number, qualification, and conditions of witnesses because any doubt can prevent the implementation of hadd punishment
In Tazir, the Standard of evidence is not so high
Mention of Offences
Some jurists listed seven hadd offenses.
- Murder
- Apostasy from Islam
- Robbery
- Theft
- Adultery
- Defamation
- Rebellion
- Alcohol drinking
Tazir offenses have not been mentioned because they are innumerable
As to discretion
In Hudood's crimes, the judge can’t exercise his discretion(Raye/Sawabaydeed)
In Tazir crimes, the Judge can exercise his discretion
Replacement
Hadd punishment can be dealt with under Tazir
In Tazir the punishment of Hudood can’t be enforced
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