Hudud & Qisas

Hudud and Qisas in Islamic Law

Fixed Punishments and Retribution in Shariah

Introduction

Islamic criminal law is built upon two key categories: Hudud (fixed punishments prescribed by Allah) and Qisas (retribution or equal retaliation). Both aim to preserve society, uphold justice, and deter wrongdoing, while reminding individuals of accountability before Allah.

Hudud: Fixed Punishments

Hudud refers to punishments explicitly set by Allah in the Qur’an and Sunnah. They cannot be altered by human reasoning and are only applied when evidence is certain.

Examples of Hudud

• Theft: Amputation of the hand under strict conditions Qur’an 5:38
• Adultery: Stoning for the married; lashes for the unmarried Qur’an 24:2
• False Accusation (Qadhf): 80 lashes for slander without proof Qur’an 24:4
• Alcohol Consumption: Lashes, established through Sunnah.
• Highway Robbery: Execution, crucifixion, or exile depending on severity Qur’an 5:33

“These are the limits set by Allah, so do not transgress them.” Qur’an 2:229

Qisas: Retribution

Qisas refers to equal retaliation in cases of murder or bodily injury. It is based on justice and fairness, but forgiveness and compensation (diyah, blood money) are encouraged.

Application of Qisas

• Murder: The family of the victim may demand execution of the killer, accept blood money, or pardon completely Qur’an 2:178.
• Bodily Harm: Equal retaliation is applied if possible, but compensation can substitute it.

“And We ordained for them in it: a life for a life, an eye for an eye, a nose for a nose, an ear for an ear, a tooth for a tooth, and for wounds equal retaliation. But if anyone remits it, that is an expiation for him.” Qur’an 5:45

Purpose of Hudud and Qisas

1. Deterrence: Prevents crime by making consequences clear.
2. Justice: Ensures fairness for victims and society.
3. Mercy: Encourages forgiveness and repentance.

Addressing Misconceptions

• Not arbitrary: Hudud are only applied with certainty of guilt. Doubt suspends punishment.
• Not harshness: Their goal is to protect society and prevent chaos, not cruelty.
• Forgiveness in Qisas: Pardoning and accepting compensation is highly praised and rewarded by Allah.

References

Primary Sources

• Qur’an 5:38 : Punishment for theft.
• Qur’an 24:2 : Punishment for adultery.
• Qur’an 24:4 : Punishment for false accusation.
• Qur’an 5:33 : Punishment for highway robbery.
• Qur’an 2:178 : Rules of Qisas in murder.
• Qur’an 5:45 : Equal retaliation for injuries.

Secondary Sources

• Ibn Qudamah, al-Mughni : Detailed rulings on Hudud and Qisas.
• Ibn Taymiyyah, Majmoo‘ al-Fatawa : On justice and retribution.
• Ummat al Wusta: Sources of Islamic Legislation