Rulings on Head Wounds and Bone Fractures
All praise is due to Allah, and blessings and peace be upon the Messenger of Allah. To proceed!
“Shajaj” is the plural of “Shajah.” In linguistics, it means cutting and tearing. In jurisprudential terminology, Shajah refers to a wound on the head or face that causes the head to split or the skin of the face to be cut. If the wound is on any other part of the body besides the head and face, it is called “Jarh” (wound), not “Shajah.” Among the Arabs, ten types of wounds on the head and face have been described, each with a distinct name and ruling. Their details are as follows:
Types of Shajaj
❀ ① Harisah
A wound in which the skin is slightly scratched but no blood comes out. This wound is also called “Qashirah.”
❀ ② Bazlah
A wound from which a little blood comes out. It is also called “Dami’ah,” because it resembles tears flowing from the eye.
❀ ③ Superficial
A wound in which the skin is cut and the flesh is also injured.
❀ ④ Deep
A wound that goes deep inside the flesh.
❀ ⑤ Penetrating
A wound that is so deep inside the flesh that it reaches the membrane covering the bone.
For the first five types of wounds, Sharia has not prescribed a fixed blood money (diyat), therefore it will be “at the discretion of the ruler,” meaning the ruler will determine the amount according to his ijtihad (independent reasoning).
❀ ⑥ Exposed
A wound in which the bone begins to be visible. Its blood money is five camels, as in the narration of Sayyiduna Amr bin Hazm (may Allah be pleased with him) where the Prophet Muhammad (peace be upon him) said:
” وَفِي الْمُوضِحَةِ خَمْسٌ مِنَ الإِبِلِ”
“The blood-money for a clear wound is five camels.”
❀ ⑦ Hashmah
A wound that not only exposes the bone but also breaks it. The blood-money for this wound is ten camels. This ruling is transmitted from Sayyiduna Zaid bin Thabit, may Allah be pleased with him, and none of the Companions, may Allah be pleased with them all, opposed it.
❀ ⑧ Manqalah
A wound that exposes the bone, breaks it, and then the bone moves out of its place, to the extent that the broken bone must be joined and bound. The blood-money for this wound is fifteen camels. This is also mentioned in the book of Sayyiduna Amr bin Hazm, may Allah be pleased with him, that the blood-money for Manqalah is fifteen camels.
❀ ⑨ Mamumah
A wound that reaches the membrane of the brain, that is, it reaches the covering in which the brain is wrapped.
❀ ⑩ Damghah
A wound that tears the membrane of the brain.
There is one-third diya for wounds of both these types, as narrated by Sayyiduna Amr ibn Hazm رضي الله تعالى عنه:
“وَفِي المَأْمُومَةِ ثلُث الدِّيَةِ “
“There is one-third diya for a mamoomah wound.”
It should also be kept in mind that a damghah wound is deeper than a mamoomah wound, therefore it will have one-third diya by way of priority. Generally, a person does not survive after this wound, so no separate diya has been prescribed for it.
Ruling on Jaifah
❀ Jaifah
A deep wound that reaches an internal cavity of the body, such as the cavity of the abdomen, back, chest, throat, or bladder. This also carries one-third diya, because it is mentioned in the narration of Sayyiduna Amr ibn Hazm رضي الله تعالى عنه:
“وَفِي الْجَائِفَةِ ثُلُثُ الدِّيَةِ “
“There is one-third diya for a jaifah wound.”
Ibn Qudamah رحمه الله says:
“This is the opinion of the general scholars, including the people of Madinah, the people of Kufa, the people of Hadith, and some other companions of opinion as well.”
Rules of Diyat in Case of Bone Fracture
❀ ① Rib and Hunsali Bone
If a person’s rib bone is broken and it heals properly after treatment, the diyat is one camel. Similarly, for each Hunsali bone, the diyat is also one camel, because it is narrated from Sayyiduna Umar رضي الله تعالى عنه that:
“أَنَّ عُمَرَ بْنَ الْخَطَّابِ قَضَى فِي …التَّرْقُوَةِ بِجَمَلٍ , وَفِي الضِّلْعِ بِجَمَلٍ”
He ruled one camel diyat for the Hunsali bone and the rib bone.
❀ ② Wrist, Arm, Thigh, Shin, and Joint Bones
If the wrist bone is broken and heals properly, the diyat is two camels. The wrist bone refers to the bone from the hand up to the elbow. Similarly, breaking the bone of the thigh, shin, and joints (of the hand or foot) also entails a diyat of two camels.
It is narrated from Sayyiduna Amr bin Shu’aib that Hazrat Amr bin Aas رضي الله تعالى عنه wrote to Sayyiduna Umar bin Khattab رضي الله تعالى عنه that a person has broken a bone in someone’s arm; what is the blood money for this? Sayyiduna Umar bin Khattab رضي الله تعالى عنه replied that it is two camels. And if both bones of the arm are broken, then it is four camels. No companion رضي الله تعالى عنه opposed him on this issue.
❀ ③ Other Bones and Wounds
This was the explanation of those wounds and broken bones for which there is a clear text in Shariah. Other cases, such as the vertebrae of the spine or the bone of the pelvis (below the navel), etc., will be subject to the judgment of the “Hakim” (ruler/judge).
Ibn Qudamah رحمه الله تعالى says:
“The correct understanding seems to be that except for the ribs, collarbone, and both bones of the arm, the determination of diyat (blood money) for other wounds is not established because determination is proven by a Shariah evidence, and the requirement of the evidence is that ‘Hukmah’ (fixed diyat) must be obligatory for wounds on these internal bones (except for the five). ‘Hukmah’ is not applicable to them because there is a decisive ruling from Sayyiduna Umar (may Allah be pleased with him) regarding them. However, for other internal wounds, determination will be made through ijtihad (independent reasoning) according to the condition of the wound.”
The jurists say that if ‘Hukmah’ is assigned to a wound, and that wound is on a part of the body for which Shariah has a specified diyat, for example, a wound on the head where the bone is not exposed, then at the time of judgment its diyat should not reach the diyat of a mozhah (exposed bone) wound, because the mozhah wound has a diyat of five camels. Therefore, a wound of a lesser degree than that should have a diyat less than that as well.
❀ ④ If the injured person fully recovers
If the oppressed person becomes completely healthy after the crime, meaning after treatment no effect of the crime remains, still the compensation will be calculated according to the time when the wound was bleeding. At that time, the injured person is under the effect of the crime and in a state of fear, so the compensation is reduced, and the blood money will be collected from the offender according to that reduction.
Explanation of the expiation for murder
“Kaffarah” is derived from “Kufr,” and linguistically it means “to cover or conceal.” It is called Kaffarah because it covers and conceals the sin. The obligation of the expiation for murder is proven from the Book of Allah, the Sunnah of the Messenger of Allah ﷺ, and the consensus of the Ummah. Allah Almighty says:
﴿وَما كانَ لِمُؤمِنٍ أَن يَقتُلَ مُؤمِنًا إِلّا خَطَـًٔا وَمَن قَتَلَ مُؤمِنًا خَطَـًٔا فَتَحريرُ رَقَبَةٍ مُؤمِنَةٍ وَدِيَةٌ مُسَلَّمَةٌ إِلىٰ أَهلِهِ إِلّا أَن يَصَّدَّقوا فَإِن كانَ مِن قَومٍ عَدُوٍّ لَكُم وَهُوَ مُؤمِنٌ فَتَحريرُ رَقَبَةٍ مُؤمِنَةٍ وَإِن كانَ مِن قَومٍ بَينَكُم وَبَينَهُم ميثـٰقٌ فَدِيَةٌ مُسَلَّمَةٌ إِلىٰ أَهلِهِ وَتَحريرُ رَقَبَةٍ مُؤمِنَةٍ فَمَن لَم يَجِد فَصِيامُ شَهرَينِ مُتَتابِعَينِ تَوبَةً مِنَ اللَّهِ وَكانَ اللَّهُ عَليمًا حَكيمًا ﴿٩٢﴾ وَمَن يَقتُل مُؤمِنًا مُتَعَمِّدًا فَجَزاؤُهُ جَهَنَّمُ خـٰلِدًا فيها وَغَضِبَ اللَّهُ عَلَيهِ وَلَعَنَهُ وَأَعَدَّ لَهُ عَذابًا عَظيمًا ﴿٩٣﴾… سورة النساء
“It is not befitting for a believer to kill another believer, except by mistake (then it is another matter). Whoever kills a Muslim unintentionally must free a believing slave and pay blood money to the heirs of the deceased. However, if the heirs forgive as charity, that is better. And if the deceased belongs to your enemy nation and is a Muslim, then freeing a believing slave is obligatory. And if the deceased is from a nation with whom you have a treaty, then blood money must be paid to his family, and freeing a believing slave is also obligatory. Whoever cannot afford this must fast for two consecutive months to seek forgiveness from Allah. And Allah is All-Knowing, All-Wise. (92) And whoever kills a believer intentionally, his punishment is Hell, wherein he will abide forever. Allah’s wrath is upon him, He has cursed him, and has prepared a severe punishment for him.”
The Messenger of Allah, peace be upon him, said about the killer:
“أَعْتِقُوا عَنْهُ رَقَبَةً يَعْتِقُ اللَّهُ بِكُلِّ عُضْوٍ مِنْهُ عُضْوًا مِنْهُ مِنَ النَّارِ”
“Free a slave or a slave woman on behalf of this killer. Allah will free every limb of the killer from the fire in exchange for every limb of the victim.”
Issues of Expiation in Murder
❀ ① Expiation in Accidental and Doubtful Murder
Expiation is obligatory in both accidental murder and doubtful intentional murder, whereas expiation is not obligatory in intentional murder. Allah Almighty says:
﴿وَمَن يَقتُل مُؤمِنًا مُتَعَمِّدًا فَجَزاؤُهُ جَهَنَّمُ خـٰلِدًا فيها وَغَضِبَ اللَّهُ عَلَيهِ وَلَعَنَهُ وَأَعَدَّ لَهُ عَذابًا عَظيمًا ﴿٩٣﴾… سورة النساء
“And whoever kills a believer intentionally, his recompense is Hell, wherein he will abide eternally. And Allah has become angry with him and has cursed him and has prepared for him a great punishment.”
This verse does not mention expiation for intentional murder. In one narration, Suwaid bin Samit killed a person, and the Messenger of Allah, peace be upon him, ruled that Qisas (retribution) was obligatory upon him, but not expiation.
Similarly, Amr ibn Umayyah Zamari رضي الله تعالى عنه deliberately killed two men, so the Prophet Muhammad صلی اللہ علیہ وسلم paid their blood money (diyat) on his behalf, but he did not order the payment of expiation (kaffarah).
Probably the reason is that kaffarah is obligatory where the act occurs by mistake, so that the sin is erased, and it also includes some degree of negligence which requires compensation. But intentional murder is such a grave sin that it cannot be expiated by kaffarah.
Shaykh al-Islam Ibn Taymiyyah رحمه الله عليه says:
“There is no kaffarah for intentional murder. Similarly, if a false oath is deliberately taken, there is no kaffarah for the one who unjustly seized another’s right, because the kaffarah given in such a case cannot serve as a mitigation for the one who commits a major sin.”
Ibn Qudamah رحمه الله عليه says:
“Accidental killing cannot be classified as either forbidden or permissible because it is like the killing by a mentally ill person, but the victim was an innocent life; therefore, expiation is made obligatory in this case.”
❀ ② Wisdom behind expiation in accidental killing
There are two main wisdoms behind the obligation of expiation in accidental killing:
✔ The killer’s negligence is involved to some extent.
✔ Through expiation, the sanctity of the victim’s life and their innocence is respected.
❀ ③ Reason for no expiation in intentional murder
Expiation is not obligatory for intentional murder because this sin is so great that it cannot be removed by expiation. However, if the murderer sincerely turns to Allah Almighty, seeks forgiveness, and surrenders himself to the heirs of the victim so that they may take Qisas if they wish, then his sin may be mitigated. Through repentance, the right of Allah Almighty will be nullified, and through Qisas or forgiveness, the right of the victim’s heirs will be fulfilled. Whatever right of the victim remains, Allah Almighty will be pleased with it by His grace and generosity or will give some portion of the murderer’s good deeds to the victim. In any case, whatever Allah Almighty wills will happen. Allama Ibn Qayyim, may Allah have mercy on him, has explained this meaning in Al-Jawab Al-Kafi.
❀ ④ In which killed persons is expiation obligatory
If a person kills an innocent life who is his slave, or a non-Muslim dhimmi, or a non-Muslim seeking asylum, or a newborn child, or a child who was in the womb and died due to a blow on the pregnant woman’s abdomen, and then the woman gave birth to a stillborn, in all these cases expiation is obligatory on the killer, because the command of Allah Almighty is general:
﴿وَما كانَ لِمُؤمِنٍ أَن يَقتُلَ مُؤمِنًا إِلّا خَطَـًٔا وَمَن قَتَلَ مُؤمِنًا خَطَـًٔا فَتَحريرُ رَقَبَةٍ مُؤمِنَةٍ وَدِيَةٌ مُسَلَّمَةٌ إِلىٰ أَهلِهِ إِلّا أَن يَصَّدَّقوا فَإِن كانَ مِن قَومٍ عَدُوٍّ لَكُم وَهُوَ مُؤمِنٌ فَتَحريرُ رَقَبَةٍ مُؤمِنَةٍ وَإِن كانَ مِن قَومٍ بَينَكُم وَبَينَهُم ميثـٰقٌ فَدِيَةٌ مُسَلَّمَةٌ إِلىٰ أَهلِهِ وَتَحريرُ رَقَبَةٍ مُؤمِنَةٍ فَمَن لَم يَجِد فَصِيامُ شَهرَينِ مُتَتابِعَينِ تَوبَةً مِنَ اللَّهِ وَكانَ اللَّهُ عَليمًا حَكيمًا ﴿٩٢﴾ وَمَن يَقتُل مُؤمِنًا مُتَعَمِّدًا فَجَزاؤُهُ جَهَنَّمُ خـٰلِدًا فيها وَغَضِبَ اللَّهُ عَلَيهِ وَلَعَنَهُ وَأَعَدَّ لَهُ عَذابًا عَظيمًا ﴿٩٣﴾… سورة النساء
“It is not befitting for a believer to kill another believer, except by mistake (then it is a different matter). Whoever kills a Muslim unintentionally must free a believing slave and pay blood money to the heirs of the deceased. However, if those people forgive as charity, it is better. And if the deceased is from your enemy nation and is a Muslim, then it is obligatory to free only one believing slave. And if the deceased is from a nation with whom you have a treaty, then blood money must be paid to his family, and freeing one believing slave is also necessary. Whoever cannot afford this must fast consecutively for two months to seek forgiveness from Allah. And Allah is All-Knowing, All-Wise. (92) And whoever kills a believer intentionally, his punishment is Hell, wherein he will abide forever. Allah’s wrath is upon him, He has cursed him, and has prepared a great punishment for him.”
❀ ⑤ Expiation for Both Direct and Indirect Killing
Whether the killer is alone or has others involved, and whether the killing is direct or indirect, for example, if someone unjustly digs a well on a public path and a person falls into it and dies, or a knife is planted on the road, or any such act is done that results in someone’s death, expiation will be obligatory.
Ibn Qudamah, may Allah have mercy on him, states:
“All those involved in a single killing are required to perform expiation. This is the opinion of the majority of scholars, including Imam Malik, may Allah have mercy on him, Imam Shafi’i, may Allah have mercy on him, and other jurists, may Allah have mercy on them.”
❀ ⑥ Expiation is Obligatory on the Killer in Every Condition
Whether the killer is an adult or a minor, sane or insane, free or a slave, in every case expiation is obligatory upon him, because the ruling of the verse is general.
❀ ⑦ Forms of Kaffarah
In the kaffarah for murder, it is obligatory to free a believing slave or a believing female slave. If one is not able to do this, then one must fast continuously for two months. This kaffarah does not include feeding the poor. Even if one is unable to fast, the kaffarah remains obligatory upon him. Simply feeding others does not fulfill the kaffarah, because Allah Almighty has not mentioned it. It should be noted that the forms of kaffarah are established by Shariah texts, not by analogy.
❀ ⑧ Kaffarah for a Slave Killer
If the killer is a slave, he will only perform kaffarah through fasting, because he does not own property to free another slave.
❀ ⑨ Expiation for an Insane or Minor Killer
If the killer is insane or a minor child, then his guardian will only have to free a slave or a slave woman as expiation, because fasting is not possible for either of them, and in this matter, representation (niyabat) is also not applicable. In summary, expiation is obligatory on each of these two, because it is a financial right similar to diyah, and it is also a financial act of worship like zakat.
❀ ⑩ In the Case of Multiple Victims
As many individuals are killed, that many expiations will be obligatory, just as multiple diyahs are obligatory in multiple murders. For example, if a person kills four individuals unintentionally, then he will have four expiations, just as there will be four diyahs.
❀ ⑪ No Expiation in Permissible Killing
If the killing is permissible, such as a rebel, apostate, married adulterer, or if someone is killed in retaliation (qisas) for a victim, or in the implementation of a hadd punishment, or if someone kills an attacker in self-defense, then in all these cases there will be no expiation, because the sanctity of the victim no longer remains.
Warning
Nowadays, people are very negligent regarding the matter of Kaffarah (expiation) for unintentional killing. Especially when many lives are lost in a car accident, they pay the financial compensation (Diyat), but do not fulfill the Kaffarah in the form of fasting, particularly when more than one Kaffarah is obligatory upon them. In this way, their Shariah responsibility and the right of Allah Almighty remain unfulfilled.
Similarly, another weakness found in some people is that the heirs of the killer do not accept the responsibility of paying the Diyat for unintentional killing. And even if they do accept it, they consider it as voluntary cooperation with the heirs of the deceased. For this reason, some people go around asking others for financial help to pay the Diyat for unintentional killing. This situation is very regrettable because it suspends an important Shariah ruling. Due to this, many people are not even aware of the ruling on this issue.
It is also possible that a person keeps asking for charity from people using the excuse of having a debt to pay. Therefore, it is necessary to prevent such a person from unlawfully consuming people’s wealth. Some people carry illegal and forged documents, and sometimes even after payment has been made, they continue to ask for money under the same pretext for a long time.
Rulings on Qasamah
“Qasamah” is derived from the word “Qasam,” which literally means: “to take oaths.” Here, Qasamah refers to taking oaths from one party in the claim of killing an innocent person. When a person is killed, the murderer is unknown, and the accusation of murder is made against one or several individuals, in such a case Qasamah becomes permissible. The permissibility of Qasamah is established by Sunnah and consensus.
In Sahihain, it is narrated from Suhail bin Abi Hathmah, may Allah be pleased with him, that Abdullah bin Suhail and Muhaysa bin Masood, may Allah be pleased with him, went towards Khyber. This was during the time of the truce. After reaching a certain place, both separated. After some time, Muhaysa, may Allah be pleased with him, found Abdullah bin Suhail, may Allah be pleased with him, killed and covered in blood. So he went to the Jews and said that this person must have been killed by you, because he was killed in your land. They denied it. Then this matter was presented before the Messenger of Allah, peace and blessings be upon him. Abdul Rahman bin Suhail began to speak, but the Prophet, peace and blessings be upon him, said: “Let the elder speak,” because he was the youngest among them all.
Then the Prophet Muhammad (peace be upon him) said to the heirs of the slain: “If you take oaths, you may be entitled to the blood money of your companion.” In one narration, the Prophet (peace be upon him) said: “Can you present witnesses for your claim?” They replied: We have no witnesses. The Prophet (peace be upon him) said: “Then will you take oaths?” They said: How can we take oaths when we were not even present there and did not see the killing? The Prophet (peace be upon him) said: “If fifty Jews take oaths, they will be acquitted.” They said: They are a disbelieving people; how can we trust their oaths? Then the Prophet (peace be upon him) paid the blood money of the slain, amounting to one hundred camels, from the Bayt al-Mal.
This hadith is evidence for the legitimacy of qasamah, and it is a fundamental principle of Shariah and a permanent law in the rulings of religion.
Conditions of Qasamah
❀ ① Presence of enmity
It is necessary that there is hostility and enmity between the murdered person and the one accused of murder, such as some tribes taking revenge on each other due to mutual enmity. If there is enmity between the murdered and the accused, there is a strong probability that the accused is the murderer. Therefore, in such a situation, even if the heirs of the murdered are not present at the scene, they can swear oaths based on strong suspicion that the accused is the murderer.
The heirs of the murdered should not swear oaths until they have a strong suspicion of the truth of their claim. The ruler or judge should warn them of the hereafter’s punishment for false oaths.
❀ ② The accused must be sane and adult
The accused must be sane and adult; therefore, this claim will not be acceptable against a child or a mentally ill person.
❀ ③ Possibility of Murder
The defendant must be a person from whom the murder could have occurred; otherwise, the claim will not be heard. For example, if at the time of the murder he was present far away from the scene, then the claim against him will not be admissible.
Method of Oath
When the mentioned conditions for oath are fulfilled, first the plaintiff party will take fifty oaths in the presence of the defendant. These oaths will be divided among the heirs according to their shares of inheritance, and they will say that such and such person is the one who committed the murder.
If the heirs refuse to take oaths, or if they cannot complete fifty oaths, then the other party, i.e., the defendant, will take fifty oaths, provided that the first party, i.e., the plaintiff, agrees to accept these oaths. If the defendant takes the oaths, he will be acquitted. And if the plaintiff is not willing to accept these oaths, then the ruler of the time will pay the blood money of the murdered person from the public treasury (Bait al-Mal), just as the Ansar did when they did not accept the oaths of the Jews, and the Prophet Muhammad (peace be upon him) paid the blood money of the murdered person from the public treasury. The reason for this is that now there is no way left to prove the blood on the defendant, so this compensation will be paid from the public treasury so that the blood of an innocent life is not wasted.
❀ ① After Qasamah, Qisas or only Diyat?
There is a difference of opinion among the jurists on this issue that when all the conditions of Qasamah are fulfilled, and the heirs of the deceased take fifty oaths, will Qisas be taken from the accused or only Diyat will be obligatory? The preferred view seems to be that in this case the conditions for Qisas have been fulfilled, therefore taking Qisas is correct, because the Messenger of Allah, peace be upon him, said:
“يُقسم خمسون منكم على رجل منهم فيُدفَع إليكم بِرُمَّته”
“If fifty of you swear that one of them is the killer, then he will be fully delivered to you.”
In Muslim’s narration it is: “He will be delivered to you.”
From this it is understood that Qasamah is equivalent to testimony.
❀ ② Blood money for one who dies in a crowd
The jurists have said that if a person dies in the crowd on Friday or in the crowd during the Tawaf of the Kaaba, then his blood money will be paid from the public treasury (Bait-ul-Mal). It is narrated from Hazrat Umar (may Allah be pleased with him) and Ali (may Allah be pleased with him) that a person died due to a crowd in the field of Arafah. His heirs came to Sayyiduna Umar (may Allah be pleased with him) and demanded blood money. He said: Present testimony against his killer. Sayyiduna Ali (may Allah be pleased with him) said: O Commander of the Faithful (Amir al-Mu’minin)! The blood of a Muslim cannot go in vain. If the killer is identified, then it is fine; otherwise, the blood money should be paid from the public treasury (Bait-ul-Mal).
Rules of Hudood (Islamic punishments)
“Hudood” is the plural of “Hadd,” and in the language, it means “to restrain.” The limits set by Allah Almighty refer to those prohibited matters whose commission He has forbidden. In Islamic terminology, “Hudood” refers to the prescribed punishments given for certain specific crimes as a result of disobedience to Allah Almighty. Their purpose is to prevent others from committing such crimes. The legitimacy of Hudood is established through the Book of Allah, the Sunnah of the Messenger of Allah ﷺ, and consensus.
Shaykh al-Islam Ibn Taymiyyah, may Allah have mercy on him, says:
“The limits of Allah are a mercy and an intention of kindness from Allah Almighty towards His creation, so that even those upon whom the Hudood are enforced due to the commission of sins, the purpose should be their welfare and well-being. Just as a father punishes his son for his reformation and betterment, or a doctor administers extremely bitter and harsh medicines down the patient’s throat for their improvement, or performs surgery on the body through surgical instruments.”
The Wisdom Behind the Legitimacy of Hudood
❀ The wisdom behind the legitimacy of hudood (Islamic legal punishments) is to prevent human souls from committing crimes and to purify them. The prescribed punishments are the right of Allah Almighty, and the welfare of society is also taken into consideration. Allah Almighty has set punishments for criminals that are demanded by sound natural instincts. Both worldly and hereafter interests of people are concealed in their implementation.
❀ The political system of any country cannot be correct until criminals are given deterrent punishments to prevent crimes. The enforcement of hudood causes the criminal to desist, reassures those who abide by the law, establishes justice and fairness on earth, and protects people’s lives, honor, and property.
❀ These virtues can be observed in those countries and societies where the divine limits are enforced, and no disbeliever can deny this reality. In societies where Shariah limits are not enforced and are instead considered barbaric and cruel punishments, and it is claimed that in the modern developed era they are no longer necessary, such societies are deprived of divine justice. They lack the blessing of peace and tranquility. Although they possess modern weapons and advanced technology, these things cannot establish true peace in society unless Allah’s limits are enforced, because this law guarantees the welfare of humanity.
❀ It should be remembered that a system of governance cannot be maintained merely by the power of weapons, but it is established through the Shariah of Allah and the enforcement of His limits. In the present era, modern military resources can be used to enforce the divine limits, provided they are in the right hands.
❀ It is astonishing that those who deviate from the limits set by Allah call the divine limits oppression and cruelty, whereas they are entirely mercy and divine grace. The regret is that these same people do not call the acts of oppressors and criminals cruelty and savagery, even though the real oppression is committed by those who destroy peace and tranquility and wrong the innocent. But ignorant people have labeled the system of giving such criminals and oppressors a severe punishment as oppressive and savage. The reality is that when reason is overturned and nature is corrupted, a person’s thinking and perspective also become distorted, to the extent that they begin to consider truth as falsehood and falsehood as truth. As the poet has said:
قد تُنْكِر العَيْن ضَوء الشَّمْس مِن رَمَدٍ
ويُنْكِر الفَـمُ طَعْمَ الْمَاء مِن سَقَمِ
“A blind eye denies the light of the sun due to cataract,
And the mouth denies the taste of water due to illness.”
Conditions for the Enforcement of the Limit
❀ ① The offender must be sane and adult
No punishment will be imposed on an offender until he is sane and adult, because the Messenger of Allah, peace be upon him, said:
“رُفِعَ الْقَلَمُ عَنْ ثلاثة: عن الصَّبِى حَتَّى يَبْلُغَ، وَعَنِ النَّائِمِ حَتَّى يَسْتَيْقِظَ، وَعَنِ الْمَجْنُونِ حَتَّى يُفِيقَ”
“Three types of people are exempted from punishment:
1. A sleeping person until he wakes up.
2. A child until he becomes an adult.
3. And a mad person until he becomes sane.”
When these people are not accountable in matters of worship, then all the more so the punishments (Hudood) will be lifted, because Hudood are lifted due to doubt and uncertainty.
❀ ② Knowledge that the act is forbidden
The offender must know that the act he committed is forbidden. Therefore, if a person is unaware that an act is forbidden, the punishment for that crime will not be imposed on him. The opinion of Sayyiduna Umar, may Allah be pleased with him, Uthman, may Allah be pleased with him, and Ali, may Allah be pleased with him, is:
“The punishment will only be enforced on the one who has knowledge that the act is forbidden.”
None of the Companions of the Prophet, may Allah be pleased with them all, are known to have disagreed with this position. That is why Imam Ibn Qudamah, may Allah have mercy on him, states that “this is the opinion of the general scholars.”
When a person fulfills both these conditions, the punishment will be enforced upon committing the crime.
Authority to Enforce Hudood
The enforcement of Hudood is the responsibility of the Muslim ruler or his deputy, because the Prophet Muhammad, peace be upon him, himself used to enforce Hudood, and after him, the Rightly Guided Caliphs, may Allah be pleased with them all, also established Hudood. On some occasions, the Prophet, peace be upon him, appointed deputies for this task, as mentioned in a narration:
“وَاغْدُ يَا أُنَيْسُ عَلَى امْرَأَةِ هَذَا فَإِنْ اعْتَرَفَتْ فَارْجُمْهَا”
“O Anis! Go to the wife of this man, and if she confesses to her sin, then stone her.”
In another narration, it is mentioned that the Prophet Muhammad (peace be upon him) ordered Maaz Aslami (may Allah be pleased with him) to carry out stoning, but he himself did not go there. Similarly, regarding a thief, he said:
“اذْهَبُوا بِهِ فَاقْطَعُوهُ”
“Take him and cut off his hand.”
Probably the reason is that sometimes in the judgment of Hudood (Islamic punishments), there is a need for Ijtihad (independent reasoning) and the possibility of error exists, therefore this important responsibility is placed on the Muslim ruler, or he entrusts this responsibility to a trustworthy person who can fulfill the requirements of justice and fairness, whether the matter concerns the right of Allah, such as adultery, or the rights of people, such as the punishment for slander (Hadd al-Qadhf).
Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him) says:
“The limits and rights that do not pertain to any specific nation are called the limits of Allah, such as the limits related to robbers, thieves, and adulterers, etc. Similarly, the properties of the state, endowments, items of bequests, etc., which are not specific, are among the important affairs of the state. Therefore, it is the responsibility of the ruler to continuously investigate them and establish them without anyone’s claim and to arrange their testimony without anyone’s claim. The enforcement of these limits should be carried out on every rich, poor, powerful, and weak person…”
Not enforcing limits inside the mosque
Limits will not be enforced inside the mosque; rather, their enforcement will be outside the mosque. In the narration of Hakim bin Hizam, may Allah be pleased with him:
” نهى رسول الله – صلى الله عليه وسلم – أن يستقاد في المسجد ، وأن تنشد فيه الأشعار ، وأن تقام فيه الحدود”
“The Messenger of Allah, peace and blessings be upon him, forbade that Qisas (retaliation) be taken in the mosque, that (unlawful) poetry be recited there, and that limits be enforced in it.”
The prohibition of intercession in matters of Hudood
Whoever’s case of Hudood (Islamic punishments) reaches the ruler’s court, then it is forbidden to make recommendations to prevent its implementation, and it is also forbidden for the ruler to accept such recommendations. The Messenger of Allah, peace be upon him, said:
“مَنْ حَالَتْ شَفَاعَتُهُ دُونَ حَدٍّ مِنْ حُدُودِ اللَّهِ تَعَالَى فَقَدْ ضَادَّ اللَّهَ”
“Whoever’s recommendation becomes an obstacle in the implementation of the divine Hudood, he stands against Allah by opposing His command.”
A person wanted to pardon a thief, so the Prophet, peace be upon him, said:
“فَهَلاَّ كَانَ هَذَا قَبْلَ أَنْ تَأْتِيَنِي بِهِ “
“Why did you not pardon him before bringing him to me?”
Shaykh al-Islam Ibn Taymiyyah, may Allah have mercy on him, says:
“No one is worthy of suspending a Hudood due to recommendation, gift, or the like. Likewise, making such recommendations is not permissible. Whoever suspends a Hudood despite having the power to enforce it, Allah’s curse is upon him.”
He also says:
“It is not permissible to take wealth from thieves, adulterers, drunkards, robbers, etc., for Bayt al-Mal and then suspend the Hudood punishments. Such wealth is unlawful and impure. If a ruler does this, he accumulates multiple harms: first, suspending a Hudood punishment; second, consuming unlawful wealth; third, failing to fulfill responsibility; and fourth, committing an unlawful act. All scholars agree that wealth taken to spare adulterers, thieves, drunkards, and rebels against the Islamic government is unlawful and impure. It is regrettable that all these acts are happening openly, causing deterioration in Muslim affairs day by day and lowering the collective dignity and honor of Muslims.”
Crimes cannot be eliminated, and society cannot be protected from their evil and misfortune except by enforcing the Hudood punishments on those who commit such crimes. Imposing only financial penalties or imprisonment is oppression and causes an increase in corruption in society.
Those crimes for which Hudood punishments are obligatory
The crimes for which the implementation of Hudood punishments is obligatory are five:
✔ Adultery
✔ Theft
✔ Robbery
✔ Drinking alcohol
✔ Falsely accusing an innocent person of adultery
Other crimes are subject to Ta’zir punishments. Their details will be explained later.
Order of severity in flogging punishments
The jurists have stated that among the punishments involving flogging, the most severe Hudood punishment is for adultery, followed by the punishment for Qadhf (false accusation of adultery), then the punishment for drinking alcohol, and after that comes Ta’zir. The reason for this is that Allah Almighty has commanded with great emphasis regarding the punishment for adultery:
﴿وَلا تَأخُذكُم بِهِما رَأفَةٌ فى دينِ اللَّهِ … ﴿٢﴾… سورةالنور
“You should never feel pity for them in carrying out the limits prescribed by Allah.”
Since fewer lashes are prescribed for other crimes, it is not correct to increase the punishment by flogging more severely.
If death occurs during the Hudood punishment, then the ruling is
The jurists have also said that if a person dies during the implementation of a hadd punishment, then his blood will be considered wasted, and nothing will be obligatory upon the one enforcing the hadd, because he acted in a legitimate manner according to the command of Allah Almighty and His Messenger ﷺ. However, if the one enforcing the hadd exceeded the legitimate limits, and due to that excess the punished person died, then he will have to pay blood money (diyat), because his death occurred due to the excess. In other words, he killed him for a reason other than the hadd.
Imam Ibn Qudamah, may Allah have mercy on him, said:
“To our knowledge, there is no disagreement on this issue.”
