Islamic Punishments: Definition, Classes, and Significance
Islamic jurisprudence outlines three distinct classes of punishment for different offenses. These are Ḥadd (حد), Qiṣāṣ (قصاص), and Taʿẕīb (تعذيب).
Etymology and Translations
- Ḥadd (حد): Literally translates to “limit” or “that which is defined.” In Turkish, it’s referred to as Hudud.
- Qiṣāṣ (قصاص): Literally means “retaliation.” It can also be called İntikam in Turkish.
- Taʿẕīb (تعذيب): Means “chastisement” or “punishment.” This term translates to Ceza in Turkish.
Classes of Punishments
1. Ḥadd (حد)
Ḥadd, plural Ḥudūd (حدود), refers to punishments whose limits have been explicitly defined in the Qurʾān and Ḥadīth. The main offenses and their corresponding Ḥadd penalties include:
a. Adultery (Zināʾ, زناء): The adulterer must be stoned (Rajm, رجم).
- Reference: Mishkāt, Book XV, Chapter 1.
b. Fornication (Zināʾ, زناء): The guilty party receives 100 lashes.
- Reference: Qurʾān, Sūrah An-Nūr (24:2).
c. False Accusation of Adultery (Qaẕf, قذف): The false accuser receives 80 lashes.
- Reference: Qurʾān, Sūrah An-Nūr (24:4).
d. Apostasy (Irtidād, ارتداد): Punishable by death.
- Reference: Mishkāt, Book XIV, Chapter 5.
e. Drinking Wine (Shurb, شرب): The offender receives 80 lashes.
- Reference: Mishkāt, Book XV, Chapter 4.
f. Theft (Sariqah, سرقة): Punished by the amputation of the right hand.
- Reference: Qurʾān, Sūrah Al-Māʾidah (5:38).
g. Highway Robbery (Qat̤ʿu ʾt-T̤arīq, قطع الطريق): Punishments range from amputation of hands and feet for robbery to death or crucifixion for robbery with murder.
- Reference: Qurʾān, Sūrah Al-Māʾidah (5:33).
2. Qiṣāṣ (قصاص)
Qiṣāṣ translates to “retaliation” or “retributive justice.” The principle of Qiṣāṣ is similar to the lex talionis—eye for an eye, tooth for a tooth. However, unlike the Jewish code, Islam allows for monetary compensation, thus providing an option for mercy. Qiṣāṣ is primarily applicable in cases of murder and physical injury.
- Reference: Qurʾān, Sūrah Al-Baqarah (2:178-179).
3. Taʿẕīb (تعذيب)
Taʿẕīb refers to discretionary punishment, left to the judgment of the Qāẓī (Judge). This category allows the judiciary to tailor the punishment to suit the specific circumstances of the offense and the offender.
Books for Further Study
- “The Hudud: The Updated Pillar of Islam” by Joseph Schacht
- “Islamic Jurisprudence” by Abdur Rahman I. Doi
- “Crime and Punishment in Islamic Law” by Rudolph Peters
Takeaways
- Ḥadd focuses on fixed penalties outlined in Islamic sacred texts.
- Qiṣāṣ incorporates the concept of retributive justice, allowing for both retaliation and compensation.
- Taʿẕīb provides discretionary powers to judges within the Islamic legal framework.
Conclusion
Understanding the classes of punishments in Islamic law reveals a structured approach to maintaining justice and order, deeply rooted in sacred texts. These principles reflect the Islamic commitment to ethical behavior, societal harmony, and the rule of law.
