PUNISHMENT.
is divided into three classes (1) Hadd حد, (2) Qisas قصاص, (3) Ta’zib تعذيب(1) Hadd حد, pl. Hudud (lit. “That which is defined”), is that punishment the limits of which have been defined in hte Qur’an and Hadis. The following belong to this class:-
(a) Adultery, zina زناء, for which the adulterer can decide to be stoned, rajm رجم(Mishkat, book xv. ch. 1.)
(b) Fornication, zina زناء, for which the guilty persons must receive one hundred stripes. (Qur’an, Surah xxiv. 2.)
(c) The false accusation of a married person with adultery qazf , for which the offender must receive eighty stripes (Qur’an, Surah xxiv. 4.)
(d) Apostacy, irtidad ارتداد, which is punishable with death. (Mishkat, book xiv. ch. v.)
(e) Drinking wine, sharb شربfor which the offender must receive eighty lashes. (Mishkat, book xv. ch. iv.)
(f) Theft, sarqah سرقةwhich is punished by cutting off the right hand. (Qur’an, Surah v. 42)
(g) Highway robbery, qat’u ‘t-tariq الطريق فطع; for robbery only, the loss of hands and feet, and for robbery with murder, death either by the sword or crucifixion. :(Qur’an Surah v, 37.)
(2) Qisas قساص, lit. “retaliation,” is a punishment which, although fixed by the law, can be remitted by the person offended against or, in the ease of a murdered person, by his heirs. It is applicable to cases of murder and of wounding. Qisas is the lex talionis of Moses: “Eye for eye, tooth for tooth, burning for burning, wound for wound, stripe for stripe (Exodus xxi. 24); but in allowing money compensation, Muhammad departs from the Jewish Code. (Qur’an, Surah ii. 173.)
(3) Ta’zib تعذيب, is the punishment which is left to the discretion of the Qazi or Judge [HADD, QISAS, TA’ZIB.]
is divided into three classes (1) Hadd حد, (2) Qisas قصاص, (3) Ta’zib تعذيب(1) Hadd حد, pl. Hudud (lit. “That which is defined”), is that punishment the limits of which have been defined in hte Qur’an and Hadis. The following belong to this class:-
(a) Adultery, zina زناء, for which the adulterer can decide to be stoned, rajm رجم(Mishkat, book xv. ch. 1.)
(b) Fornication, zina زناء, for which the guilty persons must receive one hundred stripes. (Qur’an, Surah xxiv. 2.)
(c) The false accusation of a married person with adultery qazf , for which the offender must receive eighty stripes (Qur’an, Surah xxiv. 4.)
(d) Apostacy, irtidad ارتداد, which is punishable with death. (Mishkat, book xiv. ch. v.)
(e) Drinking wine, sharb شربfor which the offender must receive eighty lashes. (Mishkat, book xv. ch. iv.)
(f) Theft, sarqah سرقةwhich is punished by cutting off the right hand. (Qur’an, Surah v. 42)
(g) Highway robbery, qat’u ‘t-tariq الطريق فطع; for robbery only, the loss of hands and feet, and for robbery with murder, death either by the sword or crucifixion. :(Qur’an Surah v, 37.)
(2) Qisas قساص, lit. “retaliation,” is a punishment which, although fixed by the law, can be remitted by the person offended against or, in the ease of a murdered person, by his heirs. It is applicable to cases of murder and of wounding. Qisas is the lex talionis of Moses: “Eye for eye, tooth for tooth, burning for burning, wound for wound, stripe for stripe (Exodus xxi. 24); but in allowing money compensation, Muhammad departs from the Jewish Code. (Qur’an, Surah ii. 173.)
(3) Ta’zib تعذيب, is the punishment which is left to the discretion of the Qazi or Judge [HADD, QISAS, TA’ZIB.]
Based on Hughes, Dictionary of Islam
© 2024 All Rights Reserved