Back الحدود في الشريعة الإسلامية Arabic حد (عقوبه) ARZ Хүдүд Bashkir হুদুদ Bengali/Bangla Хьадд CE Hudúd Czech Hadd-Strafe German Hudud Esperanto Hadd Spanish حدود شرعی Persian

Hudud

This article is about the concept in Islamic law. For the series of laws concerning this topic in Pakistan, see Hudood Ordinances.
"Hadd" redirects here. For other uses, see HADD (disambiguation).

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Hudud[a] (Arabic: حدود) is an Arabic word meaning "borders, boundaries, limits".[1] In classical Islamic literature, punishments are mainly of three types; Qisas-diya, hudud and Ta'zeer. Hudud covers the punishments given to people who exceed the limits associated with the Quran and deemed to be set by Allah (Hududullah is a phrase repeated several times in the Quran without labeling any type of crime[2]), and in this respect it differs from Ta'zeer (Arabic: تعزير, lit. 'penalty'). These punishments were applied in pre-modern Islam,[3][4] and their use in some modern states has been a source of controversy.

The only crimes for which the punishment is determined in the Quran consists of murder, adultery, adultery slander and theft.[5][6] Jurists have differed as to whether apostasy from Islam and rebellion against a lawful Islamic ruler stated as hiraba are hudud crimes.[7][8] Although hiraba along with the way of punishment is mentioned in the Quran, it is narrated that Muhammad applied retaliation, which is a method based on the Quran, for a similar situation, not what is stated in the relevant (5:33) verse.[9][10][11] While apostates from religion are only condemned in the Quran - apart from otherworldly punishments - and are asked to "not accept their testimony forever", the classical understanding of sharia punishes them with death and some understandings also accept acts of nonworship such as "abandoning prayer and alms" as apostasy.[12] (See:Ridda wars) Another examples whose punishments are not specified include 80 lashes for drinking alcohol and stoning to death for adultery of married people. Again, 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 "torment them" (4ː16).

Traditional Islamic jurisprudence (Arabic: فقه, romanized: fiqh) divides crimes into offenses against God (Arabic: جرائم ضد الله) and those against man (Arabic: جرائم ضد الناس). The former are seen to violate God's hudud or "boundaries", and they are associated with punishments specified in the Qur'an and in some cases inferred from ahadith.[7][13] Hudud crimes cannot be pardoned by the victim or by the state, and the punishments must be carried out in public[14] except murder for this reason. Punishments range from public lashing to publicly stoning to death, amputation of hands and crucifixion.[15] These punishments were rarely implemented in practice, however, because the evidentiary standards were often impossibly high.[13][3] For example, meeting hudud requirements for zina and theft was virtually impossible without a confession in court, which could be invalidated by a retraction.[16][13] Based on a hadith, jurists stipulated that hudud punishments should be averted by the slightest doubts or ambiguities.[b][16][13]

During the 19th century, Sharia-based criminal laws were replaced by statutes inspired by European models in many parts of the Islamic world, although not in particularly conservative regions such as the Arabian peninsula.[4][17][18] The Islamic revival of the late 20th century brought along calls by Islamist movements for full implementation of Sharia.[17][19] Reinstatement of hudud punishments has had particular symbolic importance for these groups because of their Quranic origin, and their advocates have often disregarded the stringent traditional restrictions on their application.[17] In practice, in the countries where hudud have been incorporated into the legal code under Islamist pressure, they have often been used sparingly or not at all, and their application has varied depending on local political climate.[17][18] Their use has been a subject of criticism and debate.

Hudud is not the only form of punishment under Sharia. For offenses against man—the other type of crime in Sharia—that involve inflicting bodily harm Islamic law prescribes a retaliatory punishment analogous to the crime (qisas) or monetary compensation (diya); and for other crimes the form of punishment is left to the judge's discretion (ta'zir).[7] Criminals who escaped a hudud punishment could still receive a ta'zir sentence.[4]

In the 21st century, hudud, including amputation of limbs, is part of the legal systems of Afghanistan,[20] Brunei,[21] Iran, Mauritania,[22] Saudi Arabia, the United Arab Emirates,[23] Yemen,[24] and northern part of Nigeria.


Cite error: There are <ref group=lower-alpha> tags or {{efn}} templates on this page, but the references will not show without a {{reflist|group=lower-alpha}} template or {{notelist}} template (see the help page).

  1. ^ Wehr, Hans. Hans Wehr Dictionary of Arabic (PDF). p. 135. Archived (PDF) from the original on 2018-06-20. Retrieved 20 June 2018.
  2. ^ The Quran mentions the “limits of God” several times, warning Muslims of the sin of transgressing them and that they should not even approach them (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.https://yaqeeninstitute.org/wp-content/uploads/2017/01/Stoning-and-Hand-Cutting-Understanding-the-Hudud-and-the-Shariah-in-Islam-1.pdf
  3. ^ a b Wael Hallaq (2009), An introduction to Islamic law, p.173. Cambridge University Press. ISBN 9780521678735.
  4. ^ a b c Rudolph Peters (2009). "Hudud". In John L. Esposito (ed.). The Oxford Encyclopedia of the Islamic World. Oxford: Oxford University Press. Archived from the original on 2017-03-03. Retrieved 2017-07-06.
  5. ^ Cite error: The named reference zmh11 was invoked but never defined (see the help page).
  6. ^ Asifa Quraishi (2000). Windows of Faith: Muslim Women Scholar-activists in North America. Syracuse University Press. p. 126. ISBN 978-0-815-628514.
  7. ^ a b c Cite error: The named reference mdth1 was invoked but never defined (see the help page).
  8. ^ Campo, Juan Eduardo (2009). Encyclopedia of Islam, p.174. Infobase Publishing. ISBN 978-0816054541.
  9. ^ The Prophet (peace be upon him) ordered the killers punished in exactly the same way Yet prominent scholars were skeptical of reports that he had actually ordered the murderers' hands or feet to cut off. https://yaqeeninstitute.org/wp-content/uploads/2017/01/Stoning-and-Hand-Cutting-Understanding-the-Hudud-and-the-Shariah-in-Islam-1.pdf
  10. ^ Otto, Jan Michiel (2008). Sharia and National Law in Muslim Countries. Amsterdam University Press. pp. 663, 31. ISBN 978-90-8728-048-2.
  11. ^ Philip Reichel and Jay Albanese (2013), Handbook of Transnational Crime and Justice, SAGE publications, ISBN 978-1452240350, pp. 36–37
  12. ^ Eki̇Nci̇, Ahmet (2021). "İslam Hukukunda Namaz Kılmayanın Hükmü". Kocatepe İslami İlimler Dergisi. 4 (2): 388–409. doi:10.52637/kiid.982657.
  13. ^ a b c d Brown, Jonathan A.C. (2014). "5. Muslim Martin Luthers and the Paradox of Tradition". Misquoting Muhammad: The Challenge and Choices of Interpreting the Prophet's Legacy. Oneworld Publications. pp. 180–181. ISBN 978-1780744209.
  14. ^ Terrill, Richard J. (2009) [1984]. World Criminal Justice Systems: A Comparative Survey. Routledge. p. 629. ISBN 9781437755770. Retrieved 19 November 2015.
  15. ^ Hadd Archived 2015-02-05 at the Wayback Machine Oxford Dictionary of Islam, Oxford University Press (2012)
  16. ^ a b Hallaq, Wael (2009). Shariah: Theory, Practice and Transformations. Cambridge University Press. p. 311. ISBN 978-0-521-86147-2.
  17. ^ a b c d Vikør, Knut S. (2014). "Sharīʿah". In Emad El-Din Shahin (ed.). The Oxford Encyclopedia of Islam and Politics. Oxford University Press. Archived from the original on 2017-02-02. Retrieved 2017-07-04.
  18. ^ a b Otto, Jan Michiel (2008). Sharia and National Law in Muslim Countries: Tensions and Opportunities for Dutch and EU Foreign Policy (PDF). Amsterdam University Press. pp. 18–20. ISBN 978-90-8728-048-2. Archived (PDF) from the original on 2017-10-09. Retrieved 2017-07-04.
  19. ^ Mayer, Ann Elizabeth (2009). "Law. Modern Legal Reform". In John L. Esposito (ed.). The Oxford Encyclopedia of the Islamic World. Oxford: Oxford University Press. Archived from the original on 2017-07-31. Retrieved 2017-07-04.
  20. ^ "Afghan supreme leader orders full implementation of sharia law". The Guardian. Agence France-Presse. 2022-11-14. ISSN 0261-3077. Retrieved 2024-02-27.
  21. ^ "Death by stoning for gays, amputation for theft in Brunei". Bangkok Post. 27 March 2019. Retrieved 2021-11-03.
  22. ^ "Shariah Punishments in the Islamic Republics of Mauritania and Maldives, and Islamic State of Yemen". academic.oup.com. Retrieved 2024-03-28.
  23. ^ "United Arab Emirates | Global Initiative to End All Corporal Punishment of Children". 3 November 2017. Retrieved 2024-01-07.
  24. ^ "Yemeni man sentenced to hand and foot amputation for armed robbery". Amnesty International. 2013-09-16. Retrieved 2021-11-03.
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