In traditional Islamic jurisprudence, Hudud (also transliterated as Hadood, Hadud, Hudood, ; sing.: Hadd ), meaning "borders, boundaries, limits", refers to punishments (ranging from public lashing, public stoning to death, amputation of hands, crucifixion, depending on the crime),Hadd. Oxford Dictionary of Islam, Oxford University Press (2012). for several specific crimes (drinking alcohol, illicit sexual intercourse, false accusations of adultery, theft, apostasy from Islam, highway robbery) for which punishments have been determined by verses of Quran or hadith.
Hudud is one of three categories of crime and punishment in classical Islamic literature, the other two being Qisas ("eye for an eye") or Diya (paying victims compensation), and Ta'zeer (punishment left to the judge's or ruler's discretion). Hudud are crimes "against God", and cover the punishments given to those who exceed the "limits of God" (hududullah), associated with the Quran and in some cases inferred from hadith. (Qisas, Diya, and Ta'zeer deal with "crimes against man".)
Hudud crimes cannot be pardoned by the victim or by the state and the punishments must be carried out in public, but in traditional practice were rarely implemented because the evidentiary standards were so high,Silvia Tellenbach (2015), "Islamic Criminal Law", In The Oxford Handbook of Criminal Law (Ed: Markus D. Dubber and Tatjana Hornle), Oxford University Press, , pp. 255 Offenders who escaped a hudud punishment could still receive a ta'zir sentence.
These punishments were applied throughout most of Islamic history,Wael Hallaq (2009), An Introduction to Islamic law, p. 173. Cambridge University Press. . replaced in many parts of the Islamic world in the 19th century by European-inspired models, and then restored in the late 20th to early 21st century in several Muslim-majority states as a result of the Islamic revival and calls by Islamists for full implementation of Sharia. In the 21st century, hudud, including amputation of limbs, is part of the legal systems of Afghanistan, Brunei, Iran, Mauritania, Saudi Arabia, the United Arab Emirates, Yemen, and the northern part of Nigeria.
Scriptural basis Hudud offenses with prescribed punishments are mentioned in the Quran. The punishments for these offenses are drawn from both the Quran and the Sunnah. The Quran does not define the offenses precisely: their definitions were elaborated in fiqh (Islamic jurisprudence).
Hududullah, or the "limits of God", is a phrase found several times in the Quran, but not as a label for a particular type of crime. The Quran warns Muslims of the sin of transgressing the limits, which should not even be approached (Quran 2:187). But nowhere does the phrase appear in the clear context of labeling certain crimes (see Quran, 2:229, 4:14, 58:4, 65:1), though 4:14 is followed by discussion of sexual impropriety.
Quran The Qur'an describes several crimes determined by scholars as hudud and in some cases sets out punishments.Silvia Tellenbach (2015), "Islamic Criminal Law", in The Oxford Handbook of Criminal Law (Ed: Markus D. Dubber and Tatjana Hornle), Oxford University Press, , pp. 251–253.
Theft (sariqa) The hudud crime of theft is referred to in Quran verse 5:38:
Hirabah The crime of waging war against Allah and His Messenger and spreading mischief in the land is traditionally thought to be referred to in verse 5:33, but while the verse gives punishments for the crime, it does not explain what it is, its "constituent elements, modes of crime and conditions". It is often defined by scholars as "robbery and civil disturbance against Islam" inside a Muslim state:
Zina The crime of illicit consensual sex (zina) is referred to in several verses, including Quran 24:2: The Quran gives lashing as the punishment, not stoning; stoning being found in hadith.
Qadhf The crime of "accusation of illicit sex against chaste women without four witnesses" (qadhf) has a hudud punishment based on several Quranic verses, including , .
Drinking alcohol The crime of drinking alcohol is referred to in Quranic verse , (the hudud punishment however, is described in hadiths):
Hadiths In some cases Islamic scholars have used hadiths to establish hudud punishments, which are not mentioned in the Quran. Thus, stoning as punishment for zina is based on hadiths that narrate episodes where Muhammad and his successors prescribed it.
Sahih hadith are "sound" hadith. Hadith are the sayings, practices and traditions of Muhammad as observed by his companions, and compiled by scholars. Sahih hadith are considered by Sunni Muslims to be the most trusted source of Islamic law after the Quran. They extensively describe hudud crimes and punishments.Elyse Semerdjian (2008), "Off the Straight Path": Illicit Sex, Law, and Community in Ottoman Aleppo, Syracuse University Press, , pp. 8–14Christopher Melchert (1997), The Formation of the Sunni Schools of Law: 9th–10th Centuries CE, Brill Academic, , pp. 16 with footnote 78 The tendency to use existence of a shubha (lit. doubt, uncertainty) to avoid hudud punishments is based on a hadith that states "avert hadd punishment in case of shubha".Silvia Tellenbach (2015), "Islamic Criminal Law", In The Oxford Handbook of Criminal Law (Ed: Markus D. Dubber and Tatjana Hornle), Oxford University Press, , pp. 255
Hudud offences and punishments Difference in number Sources differ as to how many Hudud crimes there are. According to at least one scholar (Muhammad Shafi) there are just five hudud crimes in shariah -- (1) Robbery, (2) Theft, (3) Adultery, (4) False Accusation of Adultery, plus one more, drinking wine—added as a result of the consensus (Ijma`) of the Companions of Muhammad. Article One of the Penal Code of the state of Qatar lists six hudud punishments, adding apostasy to those of Muhammad Shafi. Hajed A. Alotaibi in his book on Minor Crimes in Saudi Arabia, states that Hudud "generally" covers seven crimes, adding "rebellion" to the Qatar list of crimes.
Offenses The offences subject to hudud punishment: Theft (, السرقة). Punished with amputation of a hand. Illicit sexual intercourse (zina, الزنا). Includes pre-marital sex and extra-marital sex.Julie Chadbourne (1999), Never wear your shoes after midnight: Legal trends under the Pakistan Zina Ordinance, Wisconsin International Law Journal, Vol. 17, pp. 179–234Reza Aslan (2004), "The Problem of Stoning in the Islamic Penal Code: An Argument for Reform", UCLA Journal of Islamic and Near East Law, Vol 3, No. 1, pp. 91–119 Although the punishment for zina mentioned in the Quran is lashing, not stoning, all schools of traditional jurisprudence agreed on the basis of hadith that the offense is to be punished by stoning if the offender is (adult, free, Muslim, and married or previously married). Lashing is the penalty for offenders who are not muhsan, i.e. they do not meet all of the above criteria. The offenders must have acted of their own free will. Classification of homosexual intercourse as zina differs according to legal school. Some understandings tend to add homosexual relationships to these crimes, which are defined as an evil act in the Qur'an with an undefined response such as "punish/discipline them" (4ː16). False accusation of (, القذف).Joseph Schacht, An Introduction to Islamic Law (Oxford: Clarendon Press, 1973), pp. 178–181 Punished by 80 lashes. (See: The Necklace Incident) Drinking alcohol ().M. Cherif Bassiouni (1997), Crimes and the Criminal Process , Arab Law Quarterly, Vol. 12, No. 3 (1997), pp. 269–286 Punished by 40 to 80 lashes, depending on the legal school. This is a Hadd crime "on the basis of a consensus (Ijma`)" of the Companions of Muhammad. Apostasy from Islam, i.e. leaving Islam for another religion or none at all,Peters & De Vries (1976), "Apostasy in Islam," Die Welt des Islams, Vol. 17, Issue 1/4, pp. 1–25J Rehman (2010), "Freedom of expression, apostasy, and blasphemy within Islam: Sharia, criminal justice systems, and modern Islamic state practices", Criminal Justice Matters, 79(1), pp. 4–5, is regarded as one of hudud crimes liable to capital punishment in traditional Maliki, Hanbali and Shia jurisprudence, but not in Hanafi and Shafi'i fiqh, though these schools also regard apostasy as a grave crime whose punishment is death. Apostasy from Islam is condemned in the Quran, but the punishments prescribed are in the afterlife (except that we are asked to "not accept their testimony forever") and do not include execution. However the classical understanding of sharia punishes them with death. Furthermore, some interpretations include acts such as failure to worship ("abandoning prayer and alms") as evidence of apostasy and punishable by death. (See: Ridda wars) Banditry, highway robbery (qat'al tariq) is a crime in Islam but one that jurists have differed on as to whether it is hiraba and a hudud crime.Campo, Juan Eduardo (2009). Encyclopedia of Islam, p. 174. Infobase Publishing. . Although hiraba and the punishment for it is mentioned in the Quran, it is narrated that Muhammad applied retaliation (Qisas), which is a method based on the Quran, for a similar situation, not what is stated in the relevant (5:33) verse.TPhilip Reichel and Jay Albanese (2013), Handbook of Transnational Crime and Justice, SAGE publications, , pp. 36–37. Fasad, (mischief in the land, moral corruption against Allah, social disturbance, creating disorder within the Muslim state), rebellion against a lawful Islamic ruler () / hirabah, or fasad.Verse Al-Ma'idah 33, describes the crime of hirabah. How it would should be understood is a matter of debate even today. The verse talks about the punishment of criminals by killing, hanging, having their hands and feet cut off on opposite sides, and being exiled from the earth, in response to an abstract crime such as "fighting against Allah and his messenger".
Punished with death followed by crucifixion, amputation of the right hand and the left foot (the combined right-left double amputation procedure is known as the ancient punishment of "cross-amputation") or banishment. Different punishments are prescribed for different scenarios and there are differences of opinion regarding specifics within and between legal schools. Expanding or narrowing the conditions and scope of this crime according to new situations and universal standards are issues that continue to be discussed today.
Differences among schools There are a number of differences in views between the different madhhabs with regard to the punishments appropriate in specific situations and the required process before they are carried out. There are also legal differences (ikhtilaf) over the term limitation of pronouncing the punishment. Hanafite scholars assert that punishment for hadd crimes other than qadhf (false accusation of illegal sex) have to be implemented within a month; except for witnesses with a valid legal justifications for delayed testimony or in cases of self-confession.
Marja' following Shia jurisprudence generally believe that hudud punishments can be changed by appropriately qualified jurists.
Nonhudud crimes Murder, injury and property damage are not hudud crimes in Islamic criminal jurisprudence,The Constitution of Iran: Politics and the State in the Islamic Republic / by Asghar Schirazi, London; New York: I.B. Tauris, 1997 pp. 223–24 and are subsumed under other categories of Islamic penal law in Iran which are: Qisas (meaning retaliation, and following the principle of "eye for an eye"), and Diya ("blood money", financial compensation paid to the victim or heirs of a victim in the cases of murder, bodily harm or property damage. Diyyah is an alternative to Qisas for the same class of crimes). Ta'zeer – punishment administered at the discretion of the judge.
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