1. HADD
(I)
MEANINGS OF HADD: In Literal sense
Hadd
means, "measure" or "limit".
In
legal sense
Hadd
means, "The punishment the limits of which have been defined and fixed
in the Qur'an and Hadith."
It
relates to those crimes in which the right accrues to Allah almighty, without
any right accruing to humanity.
(II)
DEFINITION OF HADD
According
to Section 2(c) of the Offences against Property' (Enforcement of Hadood)
Ordinance,.1979;
"Hadd
means punishment ordained by the Holy Qur'an and Sunnah."
(III)
CONDITIONS FOR ENFORCEMENT OF HADD
(i)
Hadd punishment can be imposed only on an adult, healthy and sane person. It
cannot be imposed on an insane or unsound person.
(ii)
Hadd cannot be enforced in case of a minor doubt. It cannot be imposed on a
patient until he recovers his health.
(iii)
Once Hadd is proved, it cannot be cancelled.
2. TAZIR
(I)
MEANINGS OF TAZIR
(i)
In Literal sense
Tazir
means, "To punish"
(ii)
In Legal sense
Tazir
means, "Punishment which is at the discretion of the judge, when the
offence relates to a private injury."
(II)
DEFINITION OF TAZIR
(i) According
to Section 2(g) of the Offences against Property (Enforcement of Hadood)
Ordinance, 1979;
"Tazir
means any punishment other than Hadd."
(ii)
In other words
"Tazir
is the punishment which is prescribed and awarded by the Court other than
Qisas, Diyat, Arsh and Daman."
(III)
OBJECTS OF TAZIR
Objects
of Tazir are the correction of the offender and the prevention of the
recurrence of the crime.
(IV)
AWARD OF TAZIR
Tazir
is the punishment which is left to the discretion of the Court.
(V)
INFLICTION OF TAZIR
It
may be inflicted by imposition of fine, scourging, imprisonment etc. It is
inflicted in respect of those offences which are against human life, body, property,
etc.
3. HADD OFFENCES/OFFENCES PUNISHABLE BY HADD
Following
are the seven of Hadd offences.
(I)
Zina
Zina
liable the hadd is constituted when a sane adult man or woman not married
tighter nor suspecting to have been married together indulge in sexual
intercourse.
(a)
Proof of zina
Zina
liable to hadd is proved either.
(i)
By the confession of the accused, or
(ii)
By the testimony of four adult Muslims male witnesses.
(b)
Punishment of zina
(I)
In case of muhsan
The
punishment is rajam or stoning to death.
(II)
Incase of non-muhsan
The
punishment is whipping numbering 80 stripes at a public place.
Zina
is wider term and includes both fornication and adultery.
(ii)
Qazf
Qazf
liable to hadd is constituted when any person, who is an adult, intentionally
and unequivocally or without ambiguity makes an imputation of zina liable to
add against any person who is muhsan and capable of performing sexual
intercourse.
(a)
Proof of qazf
The
offence of qazf is proved, either
(i)
By the confesion of the accused, or
(ii)
By the testimony Of two adult male free Muslim witness
(b)
Punishment of Qazf
(I)
Incase of free person
The
punishment is 80 stripes, and
(ii)
Incase of slaves
The
punishment is 40 stripes
(iii)
Drinking
An
adult Muslim who takes intoxicating liquor by mouth is is guilty of drinking
liable to hadd.
(a)
Proof of drinking
The
crime is proved by .the testimony of two adult male Muslims who fulfil the
requirement of Tazkiya-al-Shahud.
(b)
Punishment of drinking
The
punishment is 100 stripes.
(iv)
Theft (siraqah)
Whoever,
being an adult, surreptitiously commits, from any hirz, theft of property of
the value of the nisab or more is said to commit theft liable to hadd.
Proof
of theft
Theft
liable to hadd is held proved, either.
(i) When
the accused pleads guilty.
(ii)
When at least two adult Muslim witnesses give evidence as eye-witness of the
occurrence.
(v)
Harabah
It
is also referred as a major theft and it partakes of and resembles the offence
of robbery and extortion, but it is exactly the same.
(a)
Proof of harabah
Harabah
is held proved in the same manner as the offence of theft liable to hadd.
(b)
Punishment of harabah.
There
are different penalties varying with the nature of the case.
(vi)
Apostasy
It
is a change of faith. The one who converts himself to another religion giving
up Islam is called an "infidel".
(a)
Punishment of apostasy
(i)
For Men
Death
penalty, and
(ii)
For women
Physical
punishment
(vii)
Rebellion
According
to some jurists rebellions also come into hadd.
(a)
Punishment
The
penalty is death for rebellions.
4. DISTINGUISHED BETWEEN HADD & TAZIR
(i)
In hadd it is a punishment ordained by
the Holy Quran and Sunnah but in tazir it is punishment which is not rigidly
fixed by the supreme legislature.
(ii)
In hadd It relates to those crimes in which the right accrues to Allah alone,
without any right accruing to humanity but in tazir It relates to those crimes
in which the right either accrues to Allah or to individual.
(iii)
In hadd There is no discretion of Court but in tazir The court may exercise
discretion.
(iv)
In hadd It is to be strictly followed but in tazir It is at the discretion of
the court.
(v)
In hadd The evidence of women is not admissible but in tazir The evidence of
two women with one man is admissible.
(vi)
In hadd It cannot be commuted but in tazir It can be commuted.
(vii)
In hadd Pardon cannot granted but in
tazir Pardon may be granted.
(viii)
In hadd It can be dealt with under Tazir but in tazir It cannot be death with
under Hadood.
(ix)
In hadd The object is prevention of a crime but in tazir Its object is
reformation and correction of the offender.
(x)
In hadd Procedure of trial in complicated but in tazir Procedure of trail is
simple.
5.
CONCLUSION
Hadd
is a fixed punishment, therefore, it cannot be changed but tazir can be
discretionary matter of judge. Both these punishments are different from each
other.
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