In the name of Allah, the most Beneficent, the most Merciful Answer The punishments of crimes have been divided into three kinds. They are Huduud (Islamic Legal Punishment), Qisas (Even Retaliation), and Tazir (penalties) It is necessary to know that crimes, which bring harm or loss to a human being, inflict injustice not only on the created but also create disobedience to the creator. Therefore, in every crime of this nature, the Right of Allah and the Rights of the Servants are intermingled, thus, one is being punished for both of the crimes.
There are some crimes for which the Holy Quran and Sunnah have not fixed any punishment, instead have left it to the discretion of the relevant authorities. This punishment is called Tazir. As for punishments of crimes already fixed by the Holy Quran and Sunnah, they are divided over two kinds.
Firstly, those in which the right of Allah has been declared to be predominant and the punishment for which is known as Hadd. Secondly, those which the Right of the servant of Allah has been adapted as predominant in accordance with the Shariah of Islam for which is called Qisas In short, we can say that the punishment of crimes after having determined it to be a right of Allah is called "Hudud", and that which it has ordained as the right of the servant is known as Qisas and crimes the punishment of which has not been determined are called Tazir When it comes to "Hudud", no Amir or leader is permitted to make the least change, alteration, reduction or increase in it. Neither does a change in time and place affect it any manner nor does the Amir or chief executive of the government have the right to pardon it There are only five "hudud" in the Shariah 1.
Robbery 2. Theft 3. Adultery 4.
False accusation of Adultery 5. Drinking wine, this is proved on the basis of Ijmah (Consensus) The way no Amir or ruler can reduce these punishments; very similarly, even an act of repentance cannot bring about an amnesty for the criminal as far as the punishment in this world is concerned. There is an exception that is, if the robber repents before being arrested and his conduct in dealings proves his repentance to be satisfactory, only then, the Hadd (Punishment) will be dropped.
Repentance after arrest or before it is not acceptable. The punishments under "Huduud" are strict. The law of their enforcement is also strict and nobody is allowed to make intercession for it.
Similarly, the completion of the proof is strict. If even a single condition is found or missing, the Hadd drops. In fact even the least doubt found in the proof will cause the Hadd to be dropped Like "Huduud", the punishment of Qisas has also been fixed in the Quran, that is life be taken for life and wounds be retaliated by even wounds.
Unlike "Huduud" in Qisas the accused killer after the crime of killing has been proved legally, is handed over to the guardian of the person killed who can at his discretion take Qisas and have him killed or forgive him if he so wishes. (Maariful Quran p.130- 134 v.3) Only Allah Knows Best.
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