Introduction: In Islamic law offense, the difference between punishment is decided by the Quran and Sunnah, and punishment meat agreed upon by the judge's discretion. In Arabic, the term is called limit or boundary offense punishment specified in the Quran, and Sunnah is called Hadd punishment. Determined and bodily injures offense or known as Qisas offense.
However, when the offense is committed, there is not enough evidence to warrant Hadd punishment's application, the judge's discretion will apply the Tazir discipline. Still, the sentence cannot exceed the limit of had punishment.
According to the law in the Quran, Islamic law court is called Sharia court, and the court judge is called Qazi. Hadd offense punishment called had punishment its prescribe by Quran and Sunnah. There are six types of had offense.
Apostasy: converting or rejecting and insulting Islamic called apostasy it is the punishment death penalty, but before the punishment carried out, the accused must be offered the chance of Islamic on his or her belief.
In many Islamic countries like Saudi Arabia, Yemen, an Islamic republic of Iran, apostasy is still a capital offense, but in Pakistan is not a criminal offense under the amendment of article 295c of the court of criminal procedure of Pakistan (PPC) makes by blasphemy in the name of prophet an offense punishable by Death or life imprisonment apostate will likely be penalized in the same way.
Zina: the second most serious Hadd offense is Zina or sexual relationships outside of married Zina law committed in two-way adultery or fornication. But the sexual act does not amount to actual sexual intercourse is punished at the discretion of the judge hence in the Tazir offense.
Adulteration:
married but sexual relation with other called impurity, if the person found guilty fo this kind of Zina .the punishment is Death by stone.
Fornication: sexual relation without is called fornication, which punishment is 100 lashes the person who had never was married at the time of found guilty of Zina.
However, some strict approaches have to follow for the proved Zina, which is an evidential burden to prove Zina is compliant. Testimony of four eyewitnesses of the act of intercourse itself and the eyewitnesses must be adult and saint Muslim male moral priority. The guilty may also establish confession by the accused and must be carried out until the punishment is done. Under traditional law, a pregnancy outside married does not show proof of Zina.
Theft: the third Hadd offense is theft, known as (Sariqah); there are four elements like theft king and carrying way, without night, things of value, and from the protected place. Things had no value, such as pork, wine cannot be the object of theft object must also have some monetary terms and worthy keeping something that's found does not constitute theft. To prove the Hadd offense theft need evidence testimony of two eye witness of the highest moral priority; also, circumstantial evidence can never suffice to prove of Hadd offense as a result of Tazir. Punishment for theft is first theft is amputation of the right hand and second theft is amputation of the left foot, third theft is amputation the left foot, third theft is amputation the left hand, fourth theft is amputation of the right foot.
Qadhf: Qadhf is the fourth Hadd offense falsely accusing Zina. As Zina is considered a draconian offense and punishment consequence is severe, Qadhf is regarded as the fourth most serious form of had offense assessing the jeopardy at the places on the person accused of Zina punishment of this offense is eighty lashes.
Intoxication: drinking wine or other intoxication liquid is also a Hadd offense; some Islamic countries like Saudi Arabia take hallucinating drugs and Hadd offense. The punishment for the crime is eighty lashes. But the sentence infected for the drinking is meant to shame the accused. Either than harming him traditionally suggest that the lashes be held between the first and second finger of the hand.
Hiraba: the last Hadd offense is Hiraba means high way robbery covers other crimes committed by the stealth. Traditionally punishment for Hiraba is crucified among other punishments in surah 5 verse 33 in Quran. However, according to the amendment of criminal jurisdiction act 1965 federal law in Malaysia, the court provides that punishment impossible to the court shall be limited to a maximum of three years imprisonment or fine RM 5000 or maximum of six lashes or a combination. Therefore, the Sharia court of Malaysia cannot apply any traditional punishment, such as stoning to Death, amputations, crucifixion, and whipping above six lashes.
However, the Hadd offense is severe in the eye of Islamic law. The offense has a rigorous approach, such as the judge cannot apply his discretion. Quran and Sunnah fix it, and the evidential burden is too high for the proof of the offense.
Homicide and injuries: right of individual such as wounding, homicide, other tort punishment damages, compensation, revenge, and blood money pardon, etc. traditionally for the homicide and wounding revenge killing was allowed in Islamic law. The result was the inevitable blood flow between clans and tribes.
Therefore Islamic law introduces major reform; only the guilty person was liable for the crime and could be punished. By being killed or wound, the punishment was only imposed if wounding or killing had been committed deliberately and wrongfully .lastly fact the accused's crime and guilt had to be established before the judge. The remedies once the offense proof it is not judge who decided the punishment but the victim or incases of homicide his heirs. The victims get some options. Secondly, retaliation or revenge was the right to retaliate and accept monetary compensation from the culprit called Diyah or remission to forgive the culprit. However, the amount of Diayh depends on some factors, such as the status of the victim. If women Diayh is half of the men, for the slave the Diayh fixed by of his value, Hanafi allowed retaliation for homicide on the slave, it the slave killed by free Muslim for the school only allowed blood money. The non-Muslim Death is the same as a slave or lower than Muslim; only Hanafi allowed retaliation. However, in the Mclauchlan and Parry (1996) case, the victim's brother demanded revenge on finding guilty. After an intensive diplomatic effort by the British government and other parties be agree to accept blood money. And finally, the accused were pardoned by the late King Fahd and repatriate to the United Kingdom.
However, in many countries where Islamic law does not apply, there provision in the statutory law to justify called honor killing. Namely, in Jordan, under act 34 of regulation 16 of 1960, the penal code appears in Iraq and Egypt's law. In 1999 King Abdullah of Jordan removed the Jordanian law provision by decree when parliament was not in the secession; this refused to ratify the legislation. Therefore no condition justifies honor killing because it believes that the honor of the tribe rests in its women.
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