list of Card
Discretionary punishments
Ta'zir refers to ‘punishment for any act of disobedience to Allah which does not carry a mandatory punishment or require a particular recompense.’
Theft
Theft is forbidden because it is an aggression on other people’s rights and taking their property unlawfully.
The punishment for drinking intoxicants
The punishment for drinking intoxicants is 40 lashes, but it may be increased to 80 if the Muslim ruler determines that such an increase is needed to make the punishment a more effective deterrent.
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…
The crime of false accusation of adultery
It is absolutely forbidden to accuse anyone of immoral and lewd action. Allah says: ‘Those who accuse chaste women who may have been unthinkingly careless but remained true believers, shall be rejected by Allah in this world as well as in the life to come. They shall endure awesome suffering’ (24: 23).
Proof of Adultery
Before the punishment for adultery is enforced, the crime must first be proven to have occurred.
The mandatory punishment for Adultery
An adulterer can be either a muhsan or non-muhsan. The mandatory punishment for a muhsan is different than that of a non-muhsan.
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.
Semi-deliberate killing, or manslaughter
This occurs when the offender attacks his victim with something which does not normally cause death, but then the victim dies.
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.
A cause that prevents inheritance
A cause that prevents inheritance: There are three situations where this type of exclusion might apply, as we have noted: being a slave, killing the deceased and following a religion other than Islam.
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.
