Chapter XII - Divisions Of Punishment
Punishment is divided into three classes:
- Hadd. 2. Qisas. 3. Ta’zir.
- 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
(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.
- 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.
- 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).