Chapter XII -
Divisions Of Punishment
unishment
is divided into three classes:
1. Hadd. 2.
Qisas. 3.
Ta’zir.
1.
Hadd (pl. hudud)
(literally that which is defined)
is that punishment, the limits of which have been defined in the Koran and hadîth (the
Traditions of the Prophet). The following belong to this class:
(a)
Adultery, for which the adulterer must
be stoned.
(b)
Fornication, for which the guilty
persons must receive one
hundred stripes.
(c)
The false accusation of a chaste person
or a virtuous man or woman with
adultery, for which the offender must receive eighty stripes.
(d)
Apostasy which is punishable with death.
(e)
Drinking intoxicating liquor, for which
the offender must receive eighty lashes.
(f)
Theft, which is punished by cutting off
the right hand.
(g)
Highway robbery: For robbery only, the
loss of hands and feet, and for robbery with murder, death, either by sword or
crucifixion. This division of punishment has already been dealt with at length
in the foregoing chapters.
2.
Qisas (literally retaliation) is that punishment which, although fixed by the law, can
be remitted by the person offended against, or in the case of murdered person,
by his heirs. It is applicable to cases of murder and wounding.
3.
Ta’zir,
i.e. punishment which is left to the discretion of the judge. The following
chapter presents a thorough explanation of the ta’zir (punishment).