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Enforcement

Punishment are of two types. The first is to neglect or omit duties when one is able to fulfil them, such as the repayment of debts, delivering things held in trust to their rightful owners, safeguarding the property of orphans and delivering these when the orphans come of age. Any of these may be punished by Ta'zir  until the person concerned does his duty.

Punishment for false accusation

Allah has determined that the punishment for anyone who accuses a Muslim of adultery, without providing the necessary proof, is 80 lashes. Furthermore, the accuser is considered a fasiq, i.e. ‘transgressor’ and he is totally disqualified as a witness in any case whatsoever. This shows how grave this sin is…

Adultery

Zina stands for both fornication and adultery; it refers to sexual intercourse between man and woman when there is no legitimate marital relationship, real or imagined, between them.

Mandatory Punishments (Hudud)

The Arabic term hadd (plural: hudud) is defined as a punishment stated in Islamic law for encroaching on the limits set by Allah. The hudud aim to deter people from committing acts of disobedience of Allah. Thus, they help to spread security and reassurance in the community.

The indemnity and its assessment

The basis of assessment is the indemnity for killing a free Muslim, which is 100 camels. It is increased in the case of murder and manslaughter by requiring 40 of these camels to be pregnant females.

Indemnity

The Arabic term diyah, i.e. indemnity, is defined as the money given to the victim or to his immediate family because of the offence.

Offences causing physical injury

These include every type of harm that affects a human being but does not lead to death, including wounds and loss of limbs or other organs.In these cases al-Qisaas is enforced. Allah says: ‘A life for a life, an eye for an eye, a nose for a nose, an ear for an ear, a tooth for a tooth, and a similar retribution for wounds’ (5: 43).

Accidental killing

The offender has no intention to kill the victim, but his action results in another’s death.Ruling: The ruling relating to the hereafter is that accidental killing does not incur a sin or a punishment, while the ruling relating to this life is that indemnity is payable by the offender and his relatives over a period of three years.

An offence against life

This is the crime of killing. Allah says: ‘Do not take any human being’s life – which Allah has made sacred – except in the course of justice’ (6: 151).

offences

Jinayah means offence and it refers to a crime committed against a person, or property or honor.

Types of Heirs and their Shares

One: Five kinds of heirs may take a share of one-half:The husband, when his deceased wife has no male or female offspring by that marriage or an earlier one. The deceased’s daughter, when she has no siblings, male or female, who are also heirs of the deceased. The deceased’s son’s daughter, when she is the only heir. The deceased’s full brother, when he has no siblings to share with him and the deceased has neither offspring nor parents or grandparents. The deceased’s half sister born to his father, when she has no siblings to inherit with her, and the deceased has neither offspring nor parents or grandparents, nor a full brother or a full sister.

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