''Hudud'' is an

Arabic Arabic (, , or , ) is a Central Semitic languages, Central Semitic language of the Afroasiatic languages, Afroasiatic language family spoken primarily in the Arab world. The International Organization for Standardization (ISO) assigns lang ...

word meaning "borders, boundaries, limits". The word is applied in classical Islamic literature to punishments (ranging from public lashing, public stoning to death, amputation of hands,

crucifixion Crucifixion is a method of capital punishment in which the condemned is tied or nailed to a large wooden cross, beam or stake and left to hang until eventual death. It was used as a punishment by the Achaemenid Empire, Persians, Ancient Carthag ...

, depending on the crime), for a limited number of crimes (

murder Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse committed with the necessary Intention (criminal law), intention as defined by the law in a specific jurisd ...

adultery Adultery is extramarital sex that is considered objectionable on social, religious, moral, or legal grounds. Although the sexual activities that constitute adultery vary, as well as the social, religious, and legal consequences, the concept ...

slander Defamation is a communication that injures a third party's reputation and causes a legally redressable injury. The precise legal definition of defamation varies from country to country. It is not necessarily restricted to making wikt:asserti ...

theft Theft (, cognate to ) is the act of taking another person's property or services without that person's permission or consent with the intent to deprive the rightful owner of it. The word ''theft'' is also used as a synonym or informal shor ...

, etc.), for which punishments have been determined (or traditionally thought to have been determined) in the verses of

Quran The Quran, also Romanization, romanized Qur'an or Koran, is the central religious text of Islam, believed by Muslims to be a Waḥy, revelation directly from God in Islam, God (''Allah, Allāh''). It is organized in 114 chapters (, ) which ...

. In classical Islamic literature, punishments are mainly of three types;

Qisas ''Qisas'' or ''Qiṣāṣ'' () is an Islamic term interpreted to mean "retaliation in kind",Mohamed S. El-Awa (1993), Punishment In Islamic Law, American Trust Publications, "eye for an eye", or retributive justice. ''Qisas'' and ''diyya'' a ...

diya Diya may refer to: * ''Diya (film)'', 2018 Indian Tamil- and Telugu-language film * Diya (Islam), Islamic term for monetary compensation for bodily harm or property damage * Diya (lamp), ghee- or oil-based candle often used in South Asian religious ...

, Hudud, and

Ta'zeer In Islamic Law, ''tazir'' (''ta'zeer'' or ''ta'zir'', ) lit. scolding; refers to punishment for offenses at the discretion of the judge (Qadi) or ruler of the state.Ta'zeer In Islamic Law, ''tazir'' (''ta'zeer'' or ''ta'zir'', ) lit. scolding; refers to punishment for offenses at the discretion of the judge (Qadi) or ruler of the state.Wael Hallaq Wael B. Hallaq () is a Palestinian-Canadian scholar of Islamic studies and the Avalon Foundation Professor in the Humanities at Columbia University, where he has been teaching ethics, law, and political thought since 2009. He is considered a lea ...

(2009), ''An introduction to Islamic law'', p.173.

Cambridge University Press Cambridge University Press was the university press of the University of Cambridge. Granted a letters patent by King Henry VIII in 1534, it was the oldest university press in the world. Cambridge University Press merged with Cambridge Assessme ...

. . 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

and

. Jurists have differed as to whether

apostasy from Islam Apostasy (; ) is the formal disaffiliation from, abandonment of, or renunciation of a religion by a person. It can also be defined within the broader context of embracing an opinion that is contrary to one's previous religious beliefs. One who ...

and rebellion against a lawful Islamic ruler stated as

hiraba In Islamic law, ''Ḥirābah'' () is a legal category that comprises highway robbery (traditionally understood as aggravated robbery or grand larceny, unlike theft, which has a different punishment), rape, and terrorism. Ḥirābah means piracy or ...

are ''hudud'' crimes.Campo, Juan Eduardo (2009). ''Encyclopedia of Islam'', p.174. Infobase Publishing. . Although hiraba along with the way of punishment is mentioned in the Quran, it is narrated that Muhammad applied

retaliation Revenge is defined as committing a harmful action against a person or group in response to a grievance, be it real or perceived. Vengeful forms of justice, such as primitive justice or retributive justice, are often differentiated from more form ...

, which is a method based on the Quran, for a similar situation, not what is stated in the relevant (5:33) verse. While

apostates Apostasy (; ) is the formal disaffiliation from, abandonment of, or renunciation of a religion by a person. It can also be defined within the broader context of embracing an opinion that is contrary to one's previous religious beliefs. One who ...

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. (See:

Ridda wars The Ridda Wars were a series of military campaigns launched by the first caliph Abu Bakr against rebellious Arabian tribes, some of which were led by rival prophet claimants. They began shortly after the death of the Islamic prophet Muhammad in ...

) 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 A same-sex relationship is a romantic or sexual relationship between people of the same sex. ''Same-sex marriage'' refers to the institutionalized recognition of such relationships in the form of a marriage; civil unions may exist in countries ...

to these crimes, which are defined as an evil act in the Qur'an with an undefined response such as "punish/discipline them" (4ː16). Traditional

Islamic jurisprudence ''Fiqh'' (; ) is the term for Islamic jurisprudence.Fiqh
Encyclopædia Britannica ''Fiqh'' is of ...

() divides crimes into offenses against God () and those against man (). The former are seen to violate God's ''hudud'' or "boundaries", and they are associated with punishments specified in the

Qur'an The Quran, also romanized Qur'an or Koran, is the central religious text of Islam, believed by Muslims to be a revelation directly from God ('' Allāh''). It is organized in 114 chapters (, ) which consist of individual verses ('). Besides ...

and in some cases inferred from

ahadith Hadith is the Arabic word for a 'report' or an 'account f an event and refers to the Islamic oral tradition of anecdotes containing the purported words, actions, and the silent approvals of the Islamic prophet Muhammad or his immediate circle ...

. ''Hudud'' crimes cannot be pardoned by the victim or by the state, and the punishments must be carried out in public except murder for this reason. Punishments range from public lashing to publicly stoning to death, amputation of hands and crucifixion.Hadd
''Oxford Dictionary of Islam'', Oxford University Press (2012) These punishments were rarely implemented in practice, however, because the evidentiary standards were often impossibly high. For example, meeting ''hudud'' requirements for ''

zina ''Zināʾ'' () or ''zinā'' ( or ) is an Islamic legal term referring to unlawful sexual intercourse. According to traditional jurisprudence, ''zina'' can include adultery, fornication, prostitution, sodomy, incest, and bestiality. ''Zi ...

'' and theft was virtually impossible without a confession in court, which could be invalidated by a retraction. Based on a hadith, jurists stipulated that ''hudud'' punishments should be averted by the slightest doubts or ambiguities. 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 The Arabian Peninsula (, , or , , ) or Arabia, is a peninsula in West Asia, situated north-east of Africa on the Arabian plate. At , comparable in size to India, the Arabian Peninsula is the largest peninsula in the world. Geographically, the ...

. The

Islamic revival Islamic revival ('' '', lit., "regeneration, renewal"; also ', "Islamic awakening") refers to a revival of the Islamic religion, usually centered around enforcing sharia. A leader of a revival is known in Islam as a '' mujaddid''. Within the Is ...

of the late 20th century brought along calls by Islamist movements for full implementation of Sharia. 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. 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. 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 ''Qisas'' or ''Qiṣāṣ'' () is an Islamic term interpreted to mean "retaliation in kind",Mohamed S. El-Awa (1993), Punishment In Islamic Law, American Trust Publications, "eye for an eye", or retributive justice. ''Qisas'' and ''diyya'' a ...

'') or monetary compensation (''

''); and for other crimes the form of punishment is left to the judge's discretion ('' ta'zir''). Criminals who escaped a ''hudud'' punishment could still receive a ''ta'zir'' sentence. In the 21st century'','' ''hudud'', including

amputation Amputation is the removal of a Limb (anatomy), limb or other body part by Physical trauma, trauma, medical illness, or surgery. As a surgical measure, it is used to control pain or a disease process in the affected limb, such as cancer, malign ...

of limbs, is part of the legal systems of

Afghanistan Afghanistan, officially the Islamic Emirate of Afghanistan, is a landlocked country located at the crossroads of Central Asia and South Asia. It is bordered by Pakistan to the Durand Line, east and south, Iran to the Afghanistan–Iran borde ...

Brunei Brunei, officially Brunei Darussalam, is a country in Southeast Asia, situated on the northern coast of the island of Borneo. Apart from its coastline on the South China Sea, it is completely surrounded by the Malaysian state of Sarawak, with ...

Iran Iran, officially the Islamic Republic of Iran (IRI) and also known as Persia, is a country in West Asia. It borders Iraq to the west, Turkey, Azerbaijan, and Armenia to the northwest, the Caspian Sea to the north, Turkmenistan to the nort ...

Mauritania Mauritania, officially the Islamic Republic of Mauritania, is a sovereign country in Maghreb, Northwest Africa. It is bordered by the Atlantic Ocean to the west, Western Sahara to Mauritania–Western Sahara border, the north and northwest, ...

Saudi Arabia Saudi Arabia, officially the Kingdom of Saudi Arabia (KSA), is a country in West Asia. Located in the centre of the Middle East, it covers the bulk of the Arabian Peninsula and has a land area of about , making it the List of Asian countries ...

, the

United Arab Emirates The United Arab Emirates (UAE), or simply the Emirates, is a country in West Asia, in the Middle East, at the eastern end of the Arabian Peninsula. It is a Federal monarchy, federal elective monarchy made up of Emirates of the United Arab E ...

Yemen Yemen, officially the Republic of Yemen, is a country in West Asia. Located in South Arabia, southern Arabia, it borders Saudi Arabia to Saudi Arabia–Yemen border, the north, Oman to Oman–Yemen border, the northeast, the south-eastern part ...

, and northern part of

Nigeria Nigeria, officially the Federal Republic of Nigeria, is a country in West Africa. It is situated between the Sahel to the north and the Gulf of Guinea in the Atlantic Ocean to the south. It covers an area of . With Demographics of Nigeria, ...

Scriptural basis

''Hudud'' offenses are mentioned in the

. The punishments for these offenses are drawn from both the

and the

Sunnah is the body of traditions and practices of the Islamic prophet Muhammad that constitute a model for Muslims to follow. The sunnah is what all the Muslims of Muhammad's time supposedly saw, followed, and passed on to the next generations. Diff ...

. The

does not define the offenses precisely: their definitions were elaborated in

fiqh ''Fiqh'' (; ) is the term for Islamic jurisprudence.Fiqh
Encyclopædia Britannica ''Fiqh'' is of ...

(Islamic jurisprudence).

Quran

The Qur'an describes several ''hudud'' crimes and in some cases sets out punishments.Silvia Tellenbach (2015), "Islamic Criminal Law", In ''The Oxford Handbook of Criminal Law'' (Ed: Markus D. Dubber and Tatjana Hornle), Oxford University Press, , pp. 251-253 The ''hudud'' crime of theft is referred to in Quran verse 5:38: The crime of "robbery and civil disturbance against Islam" inside a Muslim state is referred to in Quran 5:33: The crime of illicit consensual sex is referred to in several verses, including Quran 24:2: The crime of "accusation of illicit sex against chaste women without four witnesses" and a ''hudud'' punishment is based on Quran , , among others Quranic verse.

Hadiths

The crime of drinking alcohol is referred to in Quranic verse , and ''hudud'' punishment is described in ''hadiths'': The ''

sahih Hadith terminology () is the body of terminology in Islam which specifies the acceptability of the sayings (''hadith'') attributed to the Prophets in Islam, Islamic prophet Muhammad by other early Islamic figures of significance such as the compa ...

hadith Hadith is the Arabic word for a 'report' or an 'account f an event and refers to the Islamic oral tradition of anecdotes containing the purported words, actions, and the silent approvals of the Islamic prophet Muhammad or his immediate circle ...

s'', a compilation of sayings, practices and traditions of

Muhammad Muhammad (8 June 632 CE) was an Arab religious and political leader and the founder of Islam. Muhammad in Islam, According to Islam, he was a prophet who was divinely inspired to preach and confirm the tawhid, monotheistic teachings of A ...

as observed by his companions, are considered by

Sunni Muslims Sunni Islam is the largest branch of Islam and the largest religious denomination in the world. It holds that Muhammad did not appoint any successor and that his closest companion Abu Bakr () rightfully succeeded him as the caliph of the Musli ...

to be the most trusted source of Islamic law after the

. They extensively describe ''hudud'' crimes and punishments. In some cases Islamic scholars have used hadiths to establish ''hudud'' punishments, which are not mentioned in the Quran. Thus, stoning as punishment for

is based on hadiths that narrate episodes where Muhammad and his successors prescribed it. The tendency to use existence of a ''shubha'' (lit. doubt, uncertainty) to avoid ''hudud'' punishments is based on a hadith that states "avert ''hadd'' punishment in case of ''shubha''".

''Hudud'' offences and punishments

The offences subject to ''hudud'' punishment: *

Murder Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse committed with the necessary Intention (criminal law), intention as defined by the law in a specific jurisd ...

; The main verse for implementation in Islam is

Al Baqara Al-Baqarah (, ; "The Heifer" or "The Cow"), also spelled as Al-Baqara, is the second and longest chapter (''surah'') of the Quran. It consists of 286 verses ('' āyāt'') which begin with the "'' muqatta'at''" letters ''alif'' ()'', lām'' ( ...

-178: "Believers! Retaliation is ordained for you regarding the people who were killed. Free versus free, captive versus captive, woman versus woman. Whoever is forgiven by the brother of the slain for a price, let him abide by the custom and pay the price well." Diyya or blood money will be paid for those who do not meet the conditions for retaliation for killings. *

Theft Theft (, cognate to ) is the act of taking another person's property or services without that person's permission or consent with the intent to deprive the rightful owner of it. The word ''theft'' is also used as a synonym or informal shor ...

(, السرقة). Punished with amputation of a hand. * Illicit sexual intercourse (''

'', الزنا). Includes pre-marital sex and extra-marital sex. Classification of homosexual intercourse as zina differs according to legal school. Although stoning for zina is not mentioned in the Quran, all schools of traditional jurisprudence agreed on the basis of

that it is to be punished by stoning if the offender is ' (adult, free, Muslim, and married or previously married).

Lashing Lash or Lashing may refer to: * Eyelash * Whiplash (disambiguation) * Lashing (ropework), a form of connecting solid objects tightly using rope or cord * Flagellation, a form of torture or punishment involving a whip * Backlash (engineering), clea ...

is the penalty for offenders who are not muhsan, i.e. they do not meet all of the above criteria. The offenders must have acted of their own free will. * False accusation of ' (', القذف). Punished by 80 lashes. (See:

The Necklace Incident Aisha bint Abi Bakr () was a seventh century Arab commander, politician, muhadditha and the third and youngest wife of the Islamic prophet Muhammad. Aisha had an important role in early Islamic history, both during Muhammad's life and afte ...

) *

Drinking alcohol Alcohol, sometimes referred to by the chemical name ethanol, is the active ingredient in alcoholic drinks such as beer, wine, and distilled spirits (hard liquor). Alcohol is a central nervous system (CNS) depressant, decreasing electrical ...

(').M. Cherif Bassiouni (1997)
Crimes and the Criminal Process
, ''Arab Law Quarterly'', Vol. 12, No. 3 (1997), pp. 269–286 Punished by 40 to 80 lashes, depending on the legal school. Other situations that are considered Hudud crimes by some understandings * Rebellion ('). / ''

hirabah In Islamic law, ''Ḥirābah'' () is a legal category that comprises highway robbery (traditionally understood as aggravated robbery or grand larceny, unlike theft, which has a different punishment), rape, and terrorism. Ḥirābah means piracy o ...

'', ' or

fasad ''Fasād'' ( ), or ''fasaad'', is an Arabic word meaning 'rottenness', 'corruption', or 'depravity'. In an Islamic context, it can refer to "spreading corruption on Earth" or "spreading mischief in a Muslim land", moral corruption against Allah ...

; How the verse

Al-Ma'idah Al-Ma'idah (; 'The Table pread with Food is the fifth chapter of the Quran, containing 120 verses. Al-Mā'idah means "Meal" or "Banquet" . This name is taken from verses 112 to 115, which tell the request of the followers of Prophet 'Isa ...

33, which describes the crime of

, should be understood is a matter of debate even today. The verse talks about the punishment of criminals by killing, hanging, having their hands and feet cut off on opposite sides, and being exiled from the earth, in response to an abstract crime such as " fighting against Allah and his messenger". Punished with death followed by crucifixion, amputation of the right hand and the left foot (the combined right-left double amputation procedure is known as the ancient punishment of "

cross-amputation Cross-amputation () is one of the Hudud punishments prescribed under Islamic jurisprudence (Sharia law) and involves cutting off the right hand and left foot of the alleged transgressor. The scriptural authority for the double amputation procedu ...

") or banishment. Different punishments are prescribed for different scenarios and there are differences of opinion regarding specifics within and between legal schools. Expanding or narrowing the conditions and scope of this crime according to new situations and universal standards are issues that continue to be discussed today. *

Apostasy Apostasy (; ) is the formal religious disaffiliation, disaffiliation from, abandonment of, or renunciation of a religion by a person. It can also be defined within the broader context of embracing an opinion that is contrary to one's previous re ...

(', ردة or ', ارتداد), leaving Islam for another religion or for atheism, is regarded as one of ''hudud'' crimes liable to capital punishment in traditional Maliki, Hanbali and Shia jurisprudence, but not in Hanafi and Shafi'i ''fiqh'' as the hudud are a kaffarah for the hudud offences, though these schools all regard apostasy as a grave crime and prescribe the death penalty for apostates. There are a number of differences in views between the different ''

madhhab A ''madhhab'' (, , pl. , ) refers to any school of thought within fiqh, Islamic jurisprudence. The major Sunni Islam, Sunni ''madhhab'' are Hanafi school, Hanafi, Maliki school, Maliki, Shafi'i school, Shafi'i and Hanbali school, Hanbali. They ...

s'' with regard to the punishments appropriate in specific situations and the required process before they are carried out. There are also legal differences (''

ikhtilaf Ikhtilāf () is an Islamic scholarly religious disagreement, and is hence the opposite of ijma. Direction in Quran According to Verse of Obedience, disagreements about any religious matter are to be arbitrated by referring to the Quran and Su ...

'') over the term limitation of pronouncing the punishment. Hanafite scholars assert that punishment for hadd crimes other than ''qadhf'' (false accusation of illegal sex) have to be implemented within a month; except for witnesses with a valid legal justifications for delayed testimony or in cases of self-confession.

Marja' Marja (; plural ''marājiʿ''; ) is a title given to the highest level of Twelver Shia religious cleric, with the authority given by a hawzah (a seminary where Shi'a Muslim scholars are educated) to make legal decisions within the confines of Sh ...

following

Shia Shia Islam is the second-largest branch of Islam. It holds that Muhammad designated Ali ibn Abi Talib () as both his political successor (caliph) and as the spiritual leader of the Muslim community (imam). However, his right is understood ...

jurisprudence generally believe that ''hudud'' punishments can be changed by appropriately qualified jurists. Murder, injury and property damage are not ''hudud'' crimes in

Islamic criminal jurisprudence Islamic criminal law () is criminal law in accordance with Sharia. Strictly speaking, Islamic law does not have a distinct corpus of "criminal law". Islamic law divides crimes into three different categories depending on the offense – '' Hud ...

, and are subsumed under other categories of Islamic penal law in Iran which are: *

(meaning retaliation, and following the principle of "

eye for an eye "An eye for an eye" (, ) is a commandment found in the Book of Exodus 21:23–27 expressing the principle of reciprocal justice measure for measure. The earliest known use of the principle appears in the Code of Hammurabi, which predates the wr ...

"), and

diyah ''Diya'' (; : ''diyāt'', ) in Islamic law, is the financial compensation paid to the victim or heirs of a victim in the cases of murder, bodily harm or property damage by mistake. It is an alternative punishment to ''qisas'' (equal retaliation). ...

("blood money", financial compensation paid to the victim or heirs of a victim in the cases of murder, bodily harm or property damage. Diyyah is an alternative to Qisas for the same class of crimes). *

Ta'zeer In Islamic Law, ''tazir'' (''ta'zeer'' or ''ta'zir'', ) lit. scolding; refers to punishment for offenses at the discretion of the judge (Qadi) or ruler of the state.discretion of the judge.

History

Because the stringent traditional restrictions on application of ''hudud'' punishments, they were rarely applied historically. Criminals who escaped ''hudud'' punishments could still be sanctioned under the system of ''

tazir In Islamic Law, ''tazir'' (''ta'zeer'' or ''ta'zir'', ) lit. scolding; refers to punishment for offenses at the discretion of the judge (Qadi) or ruler of the state.qisas ''Qisas'' or ''Qiṣāṣ'' () is an Islamic term interpreted to mean "retaliation in kind",Mohamed S. El-Awa (1993), Punishment In Islamic Law, American Trust Publications, "eye for an eye", or retributive justice. ''Qisas'' and ''diyya'' a ...

''. In practice, since early on in

Islamic history The history of Islam is believed, by most historians, to have originated with Muhammad's mission in Mecca and Medina at the start of the 7th century CE, although Muslims regard this time as a return to the original faith passed down by the Abra ...

, criminal cases were usually handled by ruler-administered courts or local police using procedures that were only loosely related to Sharia. During the 19th century, Sharia-based criminal laws were replaced by statutes inspired by European models nearly everywhere in the Islamic world, except some particularly conservative regions such as the Arabian peninsula. Islam in practice

Under pressure from Islamist movements, recent decades have witnessed re-introduction of ''hudud'' punishments and by 2013 about a dozen of the 50 or so Muslim-majority countries had made ''hudud'' applicable, many countries have disregarded traditional strict requirements. In 1979

Pakistan Pakistan, officially the Islamic Republic of Pakistan, is a country in South Asia. It is the List of countries and dependencies by population, fifth-most populous country, with a population of over 241.5 million, having the Islam by country# ...

instituted the

Hudood Ordinances The Hudud Ordinances are laws in Pakistan enacted in 1979 as part of the Islamization of Pakistan by Muhammad Zia-ul-Haq, the sixth president of Pakistan. It replaced parts of the British-era Pakistan Penal Code, adding new criminal offences o ...

. In July 1980

stoned to death four offenders in

Kerman Kerman (; ) is a city in the Central District (Kerman County), Central District of Kerman County, Kerman province, Kerman province, Iran, serving as capital of the province, the county, and the district. History Kerman was founded as a def ...

. By the late 1980s,

and

Sudan Sudan, officially the Republic of the Sudan, is a country in Northeast Africa. It borders the Central African Republic to the southwest, Chad to the west, Libya to the northwest, Egypt to the north, the Red Sea to the east, Eritrea and Ethiopi ...

had "enacted laws to grant courts the power to hand down hadd penalties". During the 1990s

Somalia Somalia, officially the Federal Republic of Somalia, is the easternmost country in continental Africa. The country is located in the Horn of Africa and is bordered by Ethiopia to the west, Djibouti to the northwest, Kenya to the southwest, th ...

, and northern

followed suit. In 1994 the

Iraq Iraq, officially the Republic of Iraq, is a country in West Asia. It is bordered by Saudi Arabia to Iraq–Saudi Arabia border, the south, Turkey to Iraq–Turkey border, the north, Iran to Iran–Iraq border, the east, the Persian Gulf and ...

i president

Saddam Hussein Saddam Hussein (28 April 1937 – 30 December 2006) was an Iraqi politician and revolutionary who served as the fifth president of Iraq from 1979 until Saddam Hussein statue destruction, his overthrow in 2003 during the 2003 invasion of Ira ...

(who had persecuted and executed many Islamists), issued a decree "ordering that robbers and car thieves should lose their hands".

adopted hudud laws in 2014. Enforcement of ''hudud'' punishments has varied from country to country. In Pakistan and

Libya Libya, officially the State of Libya, is a country in the Maghreb region of North Africa. It borders the Mediterranean Sea to the north, Egypt to Egypt–Libya border, the east, Sudan to Libya–Sudan border, the southeast, Chad to Chad–L ...

, ''hudud'' punishments have not been applied at all because of strict requirements. In Nigeria local courts have passed several stoning sentences for zina, all of which were overturned on appeal and left unenforced because of lack of enough evidence. During the first two years when Sharia was made state law in Sudan (1983 and 1985), a ''hudud'' punishment for theft was inflicted on some criminals, and then discontinued though not repealed. Floggings for moral crimes have been carried out since the codification of Islamic law in Sudan in 1991 and continue. In 2012 a Sudanese court sentenced Intisar Sharif Abdallah, a teenager, to death by stoning in the city of Omdurman under article 146 of Sudan's Criminal Act after charging her with "adultery with a married person". She was held in Omdurman prison with her legs shackled, along with her 5-month-old baby. (She was released on July 3, 2012 after an international outcry.) The ''hudud'' punishment for '' zinā'' in cases of consensual sex and the punishment of rape victims who failed to prove the coercion, which has occurred in some countries, have been the subject of a global human rights debate. In Pakistan many rape victims who have failed to prove accusations have been jailed this has been criticized as leading to "hundreds of incidents where a woman subjected to rape, or gang rape, were eventually accused of ''zināʾ''" and incarcerated. Kennedy states that majority of cases against women jailed on charges of zina in Pakistan are filed by their family members against disobedient daughters and estranged wives as harassment suits. Hundreds of women in Afghanistan jails are victims of rape or domestic violence, accused of zina under tazir.Afghanistan - Moral Crimes
Human Rights Watch (2012); Quote "Some women and girls have been convicted of zina, sex outside of marriage, after being raped or forced into prostitution. Zina is a crime under Afghan law, punishable by up to 15 years in prison." In Pakistan, over 200,000 ''zina'' cases against women under the Hudood laws were under way at various levels in Pakistan's legal system in 2005.Pakistan
Human Rights Watch (2005) In addition to thousands of women in prison awaiting trial for ''zina''-related charges, rape victims in Pakistan have been reluctant to report rape because they feared being charged with ''zina''. The resulting controversy prompted the law to be amended in 2006, though the amended version has been criticized for continuing to blur the legal distinction between rape and consensual sex. Crucifixion in Islam, at least in

, takes the form of displaying beheaded remains of a perpetrator "for a few hours on top of a pole". They are far fewer in number than executions. One case was that of Muhammad Basheer al-Ranally who was executed and crucified on December 7, 2009 for "spreading disorder in the land" by kidnapping, raping and murdering several young boys. ISIS has also reportedly crucified prisoners.

Requirements for conviction

Illegal sex

There are certain standards for proof that must be met in

Islamic law Sharia, Sharī'ah, Shari'a, or Shariah () is a body of religious law that forms a part of the Islamic tradition based on scriptures of Islam, particularly the Qur'an and hadith. In Islamic terminology ''sharīʿah'' refers to immutable, intan ...

for ''zina'' punishment to apply. In the Shafii, Hanbali, and Hanafi law schools

Rajm In Islam, stoning ()E. Ann Black, Hossein Esmaeili and Nadirsyah Hosen (2014), Modern Perspectives on Islamic Law, , pp. 222-223Rudolph Peters, Crime and Punishment in Islamic Law, Cambridge University Press, , pp. 37 is the '' Hudud'' punishme ...

(public stoning) or lashing is imposed for religiously prohibited sex only if the crime is proven, either by four male adults witnessing at first hand the actual sexual intercourse at the same time or by self-confession. For the establishment of adultery, four male Muslim witnesses must have seen the act in its most intimate details. Shia Islam allows substitution of one male Muslim with two female Muslims, but requires that at least one of the witnesses be a male. The Sunni

Maliki The Maliki school or Malikism is one of the four major madhhab, schools of Islamic jurisprudence within Sunni Islam. It was founded by Malik ibn Anas () in the 8th century. In contrast to the Ahl al-Hadith and Ahl al-Ra'y schools of thought, the ...

school of law consider pregnancy in an unmarried woman as sufficient evidence of ''zina'', unless there is evidence of rape or compulsion.Z. Mir-Hosseini (2011), "Criminalizing sexuality: zina laws as violence against women in Muslim contexts," ''SUR-International Journal on Human Rights'', 8(15), pp. 7–33 The punishment can be averted by a number of legal "doubts" (''shubuhat''), however, such as existence of an invalid marriage contract or possibility that the conception predates a divorce. The majority Maliki opinion theoretically allowed for a pregnancy lasting up to seven years, indicating a concern of the jurists to shield women from the charge of ''zina'' and to protect children from the stigma of illegitimacy. These requirements made zina virtually impossible to prove in practice. If a person alleges ''zina'' and fails to provide four consistent Muslim witnesses, or if witnesses provide inconsistent testimonies, they can be sentenced to eighty lashes for unfounded accusation of fornication ('' qadhf''), itself a ''hadd'' crime." Rape was traditionally prosecuted under legal categories requiring less stringent evidentiary rules.A. Quraishi (1999), "Her honour: an Islamic critique of the rape provisions in Pakistan's ordinance on zina," ''Islamic studies'', Vol. 38, No. 3, pp. 403–431 In Pakistan, the

of 1979 subsumed prosecution of rape under the category of zina, making rape extremely difficult to prove and exposing the victims to jail sentences for admitting illicit intercourse. The resulting controversy prompted the law to be amended in 2006, though the amended version is still criticized by some for blurring the legal distinction between rape and consensual sex.

Theft

Malik ibn Anas Malik ibn Anas (; –795) also known as Imam Malik was an Arab Islamic scholar and traditionalist who is the eponym of the Maliki school, one of the four schools of Islamic jurisprudence in Sunni Islam.Schacht, J., "Mālik b. Anas", in: ''E ...

, the originator of the

judicial school of thought, recorded i
The Muwatta
of many detailed circumstances under which the punishment of hand cutting should and should not be carried out. Commenting on the verse in the Quran on theft, Yusuf Ali says that most Islamic jurists believe that "petty thefts are exempt from this punishment" and that "only one hand should be cut off for the first theft." Islamic jurists disagree as to when amputation is mandatory religious punishment. This is a fatwa given by Taqī al-Dīn ʿAlī b. ʿAbd al-Kāfī al-Subkī (d. 756/1356), a senior Shafi scholar and judge from one of the leading scholarly families of Damascus: The Imam and Shaykh said: It has been agreed upon that the ''Hadd'' unishmentis obligatory for one who has committed theft and

or whom the following conditions apply Or or OR may refer to: Arts and entertainment Film and television * "O.R.", a 1974 episode of ''M*A*S*H'' * '' Or (My Treasure)'', a 2004 movie from Israel (''Or'' means "light" in Hebrew) Music * ''Or'' (album), a 2002 album by Golde ...

All of this was said by ʿAlī b. Aḥmad b. Saʿīd (probably Ibn Ḥazm, d. 1064). And the Imam and Shaykh added: and it is also on the condition that

he thief's He or HE may refer to: Language * He (letter), the fifth letter of the Semitic abjads * He (pronoun), a pronoun in Modern English * He (kana), one of the Japanese kana (へ in hiragana and ヘ in katakana) * Ge (Cyrillic), a Cyrillic letter ca ...

confession not precede the testimony and then after it he retracts is confession For if the thief does that first and then direct evidence (''bayyina'') is provided of his crime and then he retracts his confession, the punishment of amputation is dropped according to the more correct opinion in the Shafi school, because the establishment

f guilt F, or f, is the sixth letter of the Latin alphabet and many modern alphabets influenced by it, including the modern English alphabet and the alphabets of all other modern western European languages. Its name in English is ''ef'' (pronounc ...

came by confession not by the direct evidence. So his retraction is accepted.

Efficacy

Amputation

Those arguing in favor of that the hudud punishment of amputation for theft often describe the visceral horror/fear of losing a hand as providing strong deterrence against theft, while at the same time the numerous requirements for its application make it seldom used and thus more humane than other punishments. Supporters include Abdel-Halim Mahmoud, the rector of Azhar from 1973 to 1978, who stated it was not only ordained by God but when implemented by

Ibn Saud Abdulaziz bin Abdul Rahman Al Saud (; 15 January 1875Ibn Saud's birth year has been a source of debate. It is generally accepted as 1876, although a few sources give it as 1880. According to British author Robert Lacey's book ''The Kingdom'', ...

in Saudi Arabia brought law and order to his land — though amputation was carried out only seven times. In his popular book ''Islam the Misunderstood Religion'', Muhammad Qutb asserts that amputation punishment for theft "has been executed only six times throughout a period of four hundred years". However, according to historian Jonathan A.C. Brown, at least in the mid-1100s in the Iraqi city of

Mosul Mosul ( ; , , ; ; ; ) is a major city in northern Iraq, serving as the capital of Nineveh Governorate. It is the second largest city in Iraq overall after the capital Baghdad. Situated on the banks of Tigris, the city encloses the ruins of the ...

the Muslim jurists found the punishment less than effective. Faced with a crime wave of theft the ulama "begged their new sultan ... to implement harsh punishments" outside of sharia. The hands of arrested thieves were not being cut off because evidentiary standards were so strict, nor were they deterred by the ten lashes (discretionary punishment or

tazir In Islamic Law, ''tazir'' (''ta'zeer'' or ''ta'zir'', ) lit. scolding; refers to punishment for offenses at the discretion of the judge (Qadi) or ruler of the state.hadith Hadith is the Arabic word for a 'report' or an 'account f an event and refers to the Islamic oral tradition of anecdotes containing the purported words, actions, and the silent approvals of the Islamic prophet Muhammad or his immediate circle ...

Disputes and debates over reform

InterKoneXiones 2012 in Hannover T-Shirt No to patriachy

A number of scholars/reformers

William Montgomery Watt William Montgomery Watt (14 March 1909 – 24 October 2006) was a Scottish historian and orientalist. An Anglican priest, Watt served as Professor of Arabic and Islamic Studies at the University of Edinburgh from 1964 to 1979 and was also a prom ...

quoted in Gerhard Endress, ''Islam: An Introduction to Islam'', Columbia University Press, 1988, p. 31reformers cited by Esposito have suggested that traditional ''hudud'' penalties "may have been suitable for the age in which Muhammad lived" but are no longer, or that "new expression" for "the underlying religious principles and values" of Hudud should be developed.

Tariq Ramadan Tariq Ramadan (, ; born 26 August 1962) is a Swiss Muslim academic, philosopher and writer. He was a professor of contemporary Islamic studies at St Antony's College, Oxford and the Faculty of Theology and Religion, University of Oxford, He is ...

has called for an international moratorium on the punishments of ''hudud'' laws until greater scholarly consensus can be reached. Many contemporary Muslim scholars think that the ''hudud'' punishments are not absolute obligations as it is an act of ''mu'amalah'' (non-worship), thus, they think that ''hudud'' is the maximum punishment. ''Hudud'' punishments have been called incompatible with international norms of human rights and sometimes simple justice. At least one observer (Sadakat Kadri) has complained that the inspiration of faith has not been a guarantee of justice, citing as an example the execution of two dissidents for "waging war against God" (''

Moharebeh In Islamic law, ''Ḥirābah'' () is a legal category that comprises highway robbery (traditionally understood as aggravated robbery or grand larceny, unlike theft, which has a different punishment), rape, and terrorism. Ḥirābah means piracy or ...

'') in the Islamic Republic of Iran—the dissidents waging war by organizing unarmed political protests. The Hudood Ordinance in Pakistan led to the jailing of thousands of women on zina-related charges, were used to file "nuisance or harassment suits against disobedient daughters or estranged wives". Kennedy, ''Islamization of Laws and Economy'', 1996: p.64 The sentencing to death of women in Pakistan, Nigeria, Sudan for zina caused international uproar, being perceived as not only as too harsh, but an "odious" punishment of victims not wrongdoers. Among the questions critics have raised about the modern application of hudud, include: why, if the seventh-century practice is divine law eternally valid and not to be reformed, have its proponents instituted modern innovations? These include use of general anesthetic for amputation (in Libya, along with instruction to hold off if amputation might "prove dangerous to

he offender's He or HE may refer to: Language * He (letter), the fifth letter of the Semitic abjads * He (pronoun), a pronoun in Modern English * He (kana), one of the Japanese kana (へ in hiragana and ヘ in katakana) * Ge (Cyrillic), a Cyrillic letter cal ...

health"), selective introduction (leaving out crucifixion in Libya and Pakistan), using gunfire to expedite death during stoning (in Pakistan). Another question is why they have been so infrequently applied both historically and recently. There is only one record of a stoning in the entire history of Ottoman Empire, and none at all in Syria during Muslim rule. Modern states that "have so publicly enshrined them over the past few decades have gone to great lengths to avoid their imposition." There was only one amputation apiece in Northern Nigeria and Libya, no stonings in Nigeria. In Pakistan the "country's medical profession collectively refused to supervise amputations throughout the 1980s", and "more than three decades of official Islamization have so far failed to produce a single actual stoning or amputation." (Saudi Arabia is the exception with four stonings and 45 amputations during the 1980s though they were overturned because of lack of required evidence.) Among two of the leading Islamist movements, the

Muslim Brotherhood The Society of the Muslim Brothers ('' ''), better known as the Muslim Brotherhood ( ', is a transnational Sunni Islamist organization founded in Egypt by Islamic scholar, Imam and schoolteacher Hassan al-Banna in 1928. Al-Banna's teachings s ...

has taken "a distinctly ambivalent approach" toward ''hudud'' penalties with "practical plans to put them into effect ... given a very low priority;" and in Pakistan,

Munawar Hasan Syed Munawar Hasan (; 5 January 194026 June 2020) was a Pakistani politician who served as the 4th Emir of Jamaat-e-Islami from 2009 to 2014. He was elected as a member of the National Assembly of Pakistan from Karachi in 1977. Early life and ...

, then ''Ameer'' (leader) of the

Jamaat-e-Islami Jamaat-e-Islami is an Islamist fundamentalist movement founded in 1941 in British India by the Islamist author and theorist Syed Abul Ala Maududi, who was inspired by the Muslim Brotherhood. It is considered one of the most influential Isla ...

, has stated that "unless and until we get a just society, the question of punishment is just a footnote." Supporting ''hudud'' punishments are Islamic revivalists such as

Abul A'la Maududi Abul A'la al-Maududi (; – ) was an Islamic scholar, Islamist ideologue, Muslim philosopher, jurist, historian, journalist, activist, and scholar active in British India and later, following the partition, in Pakistan. Described by Wilfred C ...

who writes that in a number of places the Quran "declares that sodomy is such a heinous sin ... that it is the duty of the Islamic State to eradicate this crime and ... punish those who are guilty of it." According to Richard Terrill, ''hudud'' punishments are considered claims of God, revealed through Muhammad, and as such immutable, unable to be altered or abolished by people, jurists or parliament. Opposition to hudud (or at least minimizing of hudud) within the framework of Islam comes in more than one form. Some (such as elements of the MB and JI mentioned above) support making its application wait for the creation of a "just society" where people are not "driven to steal in order to survive." Another follows the

Modernist Modernism was an early 20th-century movement in literature, visual arts, and music that emphasized experimentation, abstraction, and Subjectivity and objectivity (philosophy), subjective experience. Philosophy, politics, architecture, and soc ...

approach calling for ''hudud'' and other parts of Sharia to be re-interpreted from the classical form and follow broad guidelines rather than exact all-encompassing prescriptions. Others consider hudud punishments "essentially deterrent in nature" to be applied very, very infrequently. Others (particularly

Quranists Quranism () is an Islamic movement that holds the belief that the Quran is the only valid source of religious belief, guidance, and law in Islam. Quranists believe that the Quran is clear, complete, and that it can be fully understood without ...

) propose excluding ahadith and using only verses in the Quran in formulating Islamic Law, which would exclude stoning (though not amputation, flogging or execution for some crimes).Edip Yuksel, Layth Saleh al-Shaiban, Martha Schulte-Nafeh, ''Quran: A Reformist Translation,'' Brainbow Press, 2007Aisha Y. Musa
The Qur'anists
, Florida International University, accessed May 22, 2013. The vast majority of Muslims and most Islamic scholars, however, consider both Quran and

hadiths to be a valid source of Sharia, with Quranic verse 33.21, among others,, , , , Muhammad Qasim Zaman (2012), ''Modern Islamic Thought in a Radical Age'', Cambridge University Press, , pp. 30–31 as justification for this belief.Neal Robinson (2013), ''Islam: A Concise Introduction'', Routledge, , Chapter 7, pp. 85–89

Notes

References

Sources

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