Importance of Prayer & Ruling of its Abandonment
Facing the Qiblah & Intention in the Prayer
Etiquettes of Walking to Prayer and its Description
Description of Prayer Continued
Description of Prayer Continued
Description of Prayer Continued
Pillars and Mandatory Acts of Prayer
Two Prostrations of Forgetfulness
Supererogatory (Voluntary) Prayers
Supererogatory (Voluntary) Prayers Continued
Times of Prohibition of (Supererogatory) Prayer
Congregational Prayers & Latecomers
Jumu'ah (Congregational Friday) Prayer
Introduction & Commercial and Selling
Selling of Primary & Secondary Commodities
Cancellation Options in Transactions
Cancellation Options Continued
Debt Transference & Guarantor-ship
Mortgaging & Security Deposits
Partnership & Companies Continued
Reviving Barren Lands & Per-Job Wage
Lost and Found Property & Foundlings
Prize Money & Deposits for Safekeeping
Appendix 6: Ḥudood Punishments
The ḥudood punishments are those that have been specified in the revelation. The word ḥudood (sg. ḥadd) means boundaries or restrictions, which is appropriate because these punishments are not meant to be a form of revenge against people who violate religious commandments; for example, there is no ḥadd punishment for usury or consumption of pork. The ḥudood punishments were meant to deter certain crimes whose appeal can overwhelm human willpower and restraint. Lust tempts people into adultery/fornication (zinâ), greed entices some to commit certain types of theft (sariqah), addiction can lead to consuming intoxicants (shurb al-khamr), anger and vengefulness may prompt unproven accusations of fornication (qadhf), and a combination of these may lure people into banditry (ḥirâbah). These five are the only agreed upon ḥudood crimes, but some madh-habs added others: public apostasy (riddah), sodomy (liwâṭ), and treacherous murder (qatl al-gheelah).
It is noticeable that the number of crimes punishable by a ḥadd penalty is miniscule. Another category of punishments is qiṣâṣ (equal retribution). The third and largest category of punishments is ta‘zeer (discretionary punishments), encompassing thousands of offenses whose punishments are left up to the discretion of legislatures or judiciary.
The severity of the ḥudood penalties serves to remind the community of the great evil of these crimes and their severe impact on the peace, order, and wellbeing of the society. 1789 It is because of this impact that the establishment of these punishments is considered the right of Allah; in modern legal systems, this would correspond to the right of the state. The severe nature of the punishments is not intended to inflict harm on the offender as much as it is meant to be a reminder for the society and a deterrent for those considering those crimes. This fact is proven through a careful study of how these punishments are applied. Guilt is extremely difficult to establish, given the stringent criteria for admissible evidence, such as the requirement for four
1789. For more on the importance of severity of punishment in deterrence, you may refer to: Putting severity of punishment back in deterrence package Policy Studies Journal| December 22, 2001 | Mendes, Silvia M.; McDonald, Michael D. Policy Studies Organization.
eyewitnesses to the very act of zinâ (fornication or adultery), and the principle of warding off the punishment if there are any ambiguities. This was first expressed by the Prophet (SA) himself in the following hadith:
Ward off the ḥudood from the Muslims as much as you can. If there is any way out for the person, then let them go, for it is better for the imam (authority) to err on the side of mercy than to err on the side of punishment. 1790
ادْرَؤوا الْحُدُودَ عَنِ الْمُسْلِمِينَ مَا اسْتَطَعْتُمْ، فَإِنْ كَانَ لَهُ مَخْرَجٌ، فَخَلُّوا سَبِيلَهُ، فَإِنَّ الْإِمَامَ أَنْ يُخْطِئَ فِي الْعَفْوِ، خَيْرٌ مِنْ أَنْ يُخْطِئَ العقُوبَةِ
In the lifetime of the Prophet (SA), the crime of adultery was never established through four eyewitnesses but only by the confession of the sinners themselves, seeking purification from their sin, even though they were encouraged to conceal them and repent in private. When Mâ‘iz came to the Prophet (SA) and confessed, the Prophet (SA) asked if he was crazy, suggested that he may have only kissed the woman, and encouraged him to retract his confession. 1791 When another man came to confess, the Prophet (SA) asked him, “Have you done it like a collyrium (eyeliner) stick when enclosed in its case and a rope in a well?” 1792 This is also the level of detail that eyewitnesses would need to testify to. The feasibility of four trustworthy men witnessing that is extremely hard to imagine unless the act was part of an orgy, in which case, it is unlikely to be witnessed by four men in good standing.
Due to the stringent criteria for enforcing these penalties, their actual application was very rare. In fact, in the roughly five hundred years that the Ottoman Empire ruled Constantinople, records show only one instance of stoning for adultery, while fifty people were executed in the American colonies between 1608 and 1785 for various sexual crimes. 1793
1790. at-Tirmidhi, from ‘Â’ishah. The mawqoof report (traceable to ‘Â’ishah only) is stronger. However, it is corroborated by statements of several Companions, and its meaning is accepted by all jurists.
1791. Ṣaḥeeḥ Muslim, English reference: Book 17, Hadith 4205.
1792. Sunan Abi Dâwood, English translation: Book 39, Hadith 4414; authenticated by al-Albâni.
1793. Fariba Zarinebaf-Shahr, “Women in the Public Eye in Eighteenth-Century Istanbul,” 302-304; Anne-Marie Cusac, Cruel and Unusual: The Culture of Punishment in America (New Haven: Yale University Press, 2009), 22. From J.
It should also be noted that in the stronger view in the Shafi’ee and Hnabali madhhabs, the ḥadd punishments are waived if the offender repents even after the case is brought to the court.
When the ḥudood are not applied because of some doubt (ambiguity), but it is still probable that a crime occurred, the victims’ civil rights (such as having the stolen items or their value returned) are not dropped, and the judge can impose a ta‘zeer punishment.
While it is important for all Muslims to believe in the perfection of the Divine and His legislation, Muslims who live as minorities should clearly explain to their compatriots what the ḥudood are – and what they are not; they should also stress that Islamic law is applicable only within the jurisdiction of Muslim countries. As for the Muslims in Muslim-majority countries, they must reach a societal agreement on how to approach those laws.
Brown’s Stoning and Hand Cutting: Understanding the Hudud and the Shariah in Islam.
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