FIXED AND MANDATORY PUNISHMENTS IN SAHRIAH CRIMINAL LAW: AN INTRODUCTIVE AND ANALYTICAL STUDY

Abstract

Islam has prescribed punishments for the reformation of society and prevention of crimes so that in future, no one else, including the offender dares to commit these crimes. Some of these punishments have been fixed by Allah Almighty, they are such mandatory punishments that cannot be changed or altered, it is called Hudood. Some have been fixed but given to the victim to choice, such as retribution. Some of the punishments referred to the government are called tazeer. According to the Hanafi School of thought, the Hudood are five. Hadd for adultery offense, Hadd for defamation (false accusations against another) offense, Hadd for theft offense, Hadd for highway robbery offense, Hadd for wine drinking offense:

Seeing the harm of the aforesaid crimes (puberty, Defamation, Wine drinking, theft, road robbery), Allah has made their punishments severe, along with the strict conditions of their proof, so that no one gets these penalties for a mere accusation. In this article, the introduction and analytical study of these five types of Hodood will be presented.