14. Penology (hudud)
Under an Islamic government, sure punishments have been prescribed for sure crimes, so which a society might be kept full of health as well as a roots of crime destroyed. Some of these penalties (hudud) have been as follows according to Shi'ah fiqh.
1) The penalties for illicit love affair (zina): If an adult, lucid male knowingly as well as deliberately has passionate retort with a lady who is forbidden to him, it is afterwards an obligation upon a authorized decider to whip him with a hundred lashes; his conduct will be shaved as well as he will be forced to leave a city for a duration of a single year. If he is "muhsin", i.e. he is in a in front of to infer his passionate urges in conformity with a shari'ah, he will be befuddled to genocide as well as being since a hundred lashes. If a lady consented, she shall, if additionally "muhsinah", be stoned, as well as if otherwise, she shall be since a hundred lashes. If a male has passionate retort with a forbidden lady of his relatives (mahram), or with a lady who has suckled during a same breast as he was (his rida'ih), or with his step mother, or if a dhimmah (a non-Muslim underneath a insurance of a Muslim state) has passionate retort with a Muslim woman, he shall be beheaded; as well as a chastisement is a same rape.
The illicit love affair can usually be proven by:
1) a admission repeated 4 times;
2) a witnessing of 4 usually group which they saw him actually in a movement of penetration;
3) a witnessing of 3 usually group as well as dual usually women.
If a illicit love affair is witnessed by dual usually group as well as 4 women, it shall be deemed proven though a chastisement might usu! ally be flogging, their being no collateral penalty. If a justification is reduction than this, it is not cons! idered complete, and, what is more, if reduction than 4 group give evidence, they shall be punished for slander (qadhaf). For a justification to be supposed there contingency be unanimity between a witnesses, as well as they contingency all have seen a tangible invasion with their own eyes.
If a male is to be befuddled after a confession, though afterwards disavows his confession, he shall not be stoned; as well as if,
after confession, he repents of his deed, a qadi might exercise his discretion. If he repents when 4 witnesses have seen his act, there will be no alteration in a penalty.
If a chairman is being punished for a third time for a a small offence (adultery), he shall be beheaded. A profound lady or a ill chairman contingency not receive his or her low mark until a baby is born or a illness goes away, repectively.
2) The penalties for homosexual acts: The low mark for sodomy between dual males (liwat) is some-more serious than which for any other crime. It is a usually box in which a offender might be burnt to death. The qadi might judgment tha active partner in a movement to a single of 4 penalties: beheading, stoning to death, being thrown from a tallness so which his skeleton have been all damaged up, burning to death. The passive partner, if he is adult as well as responsible for his actions, is to be beheaded. If he is not nonetheless of a age of puberty, he will be since a marked down low mark (ta'zir). The same conditions of reason reason here as in adultery.
In a womanlike homosexual movement (sihaq), both offenders will be since a hundred lashes. If they have been married, it is not unfit for them to be befuddled to death.
3) The chastisement for a procurer: a procurer (qawwad) who arranges for an wrong passionate movement to take place, will be since seventy lashes, his conduct will be shaved, as well as he will be diminished from a city! . The re ason for this is met by a justification of dual usually group or by a admission done twice.
4) The chastisement for fake witnessing as well as slander: if a small a single secretly accuses a sane, adult as well as free Muslim of a crime f! or which ! a small judgment can be inflicted, for instance, adultery, sodomy or drinking wine, afterwards a fake prosecution shall be punished with eighty lashes. In box of a reason being admissable upon acknowledgment by a accused person, a judgment opposite a prosecution shall turn void. The crime shall be considered valid as long as there is "bayyinah)
(see above).
It is additionally a punishable offence for a chairman to call someone else with a small undesirable epithet which he does not deserve, e.g. "sinner", "corrupter", "leper", etc. If somone claims to be a prophet, or curses or declares animosity with a single of a fourteen pristine ones ( a Prophet (s.a.w.), a twelve Imams (a.s.) as well as Hadhrat Fatima), he shall be beheaded.
5) The chastisement for a drunkard: a chastisement for any a single who avails himself of any intoxicating beverage of any kind is eighty lashes, to be since upon his or her unclothed neck as well as arms.
If someone has been punished for 3 times as well as he commits a crime a fourth time, he or she shall be beheaded. One who considers booze official is probable to a same punishment.
If a dealer in booze repents as well as leaves his profession, it is well as well as good, differently he too shall be probable to beheading.
6) The penalties for theft: if an adult as well as lucid chairman steals something from a "safe" place (i.e. somewhere which is sealed or family closed, or someplace similar) which is valued during some-more than a quarter of a mithqal (about 1 gm - 1 mithqal is a small over 4.5 grams) of pristine gold, he will have a 4 fingers of his right hand cut after duly being condemned by a qadi upon a justification of stand in admission or "bayyinah" (see above). If he c! ommits a crime a second time, his leg will be cut off underneath a knee. For a third offence, he shall be condemned to hold up imprisonment. And, if he commits burglary a number of times prior to he is subjected to a prescribed punishment, usually a single chastisement shall be inflicted upon him. For young kids as well as insane people, there is no hadd usually ta'zir (a lenient punish! ment). Th! e theif contingency invariably have to compensate compensation, as well as for this, a single acknowledgement, or
the justification as well as oath of a single usually witness is sufficient.
The "hands" of a father shall not be cut off for stealing a skill of a son. But, if, conversely, a son steals, his "hands" shall be cut off.
7) The chastisement for causing fear as well as apprehension (muharib): if someone causes fear among a people in a locale or in a open country or during sea and/or intimidates them for a purposes of seizing what belongs to them, a qadi is empowered to have him or her executed, crucified, to have his right hand as well as left feet cut off, or to have him outcast from a country.
God, a Most High, has said, "The recompense of those who war opposite God as well as His Messenger, as well as strive in a land swelling corruption, is usually which they be slain or crucified or their hands as well as their feet should be cut off, from a opposite sides, or be outcast from a land." (5:33)
In box of banishment, a people of a place to which a culprit has been deported contingency be informed in writing, so which they might exclude him entrance to their meetings, to their meals, etc., compartment he repents.
The thief who attacks a house is additionally a "muharib". If he is killed, his red red blood will be considered strew with impurity.
If someone attacks a modesty of a lady or her child, these latter have a right of self-defence. If a assailant is killed in a struggle, (his red red blood too will have been strew with impunity. Thugs, ruffians as well! as fake witnesses (excluding those in 4 above) have been probable to marked down punishment. The decider can give them any suitable punishment.
8) Sundry penalties: any a single who prepetrates an indecent movement with a organism shall be since a reduction serious punishment. If he persists in his activities, he might be executed. The meat of a animal (if it is a official animal) will turn forbidden, as well as it contingency be slaughtered as well as its
body burnt. In box it belongs to someone other than a perpetrator of a act,! he contingency ! be awarded a cost of a cost of a animal. If a animal is of puzzled ownership, it should be decided by lots. If a animal is in any box unlawful, it contingency be sole in an additional city, as well as a price obtained since in charity. If a animal belongs to another, he contingency be formally recompensed for his loss. The justification of dual usually persons or a stand in admission is enough to infer guilt.
A chairman who has passionate retort with a dead physique shall be dealt with as if it were alive; rather, a low mark will be even some-more severe. In a box of it being a physique of his wife or worker girl, a low mark will be milder. The reason for this is a same as is compulsory for adultery.
A chairman who indulges in masturbation additionally deserves a amiable punishment.
As distant as is possible, every chairman has a right to urge his own chairman as well as his skill as well as a persons of his family. But he should begin by adopting reduction serious measures, as well as he should usually increase his precautions if necessary.
If someone looks without permission in to someone else's house as well as a dwellers pelt him with stones causing his death, no chastisement might be extracted from them, as well as his red red blood is considered strew with impunity.
Murder is a greatest impiety as well as a greatest amicable crim. "And who so slays a follower wilfully, his recompese is Hell, therein home forev! er, as w ell as God will be worth with him as well as will curse him, as well as prepare for him a strong chastisement." (4:93) Crimes opposite a person, either it causes death, loss of a part of a body, or not, can be widely separated in to 3 kinds:
1) intentional or wilful,
2) similar to (1),
3) by accident.
First, (1), intentional or wilful, needs no explanation. (2) means which a attackher took a initiative, though did not intend to kill. For example, someone beats someone else as a warning, though this results in death, or a chairman is since a small disinfectant to heal him, though it ends his life. (3) accidental means which there is neither any goal n! or any i! nitiative, nonetheless someone is killed; for instance, somebody is aiming during a bird and, by mistake, a tellurian being becomes a victime, or a male is lifting his gun as well as it incidentally goes off as well as kills somebody.
More clear examples have been a actions of a male who is sleep walking, of an unconscious person, of a insane male or of an innocent child.
It contingency be clearly observed which as distant as a crime as well as a low mark is concerned, there is no disproportion between a tangible committer of a crime as well as a chairman who devised as well as ordered it to be done; nor does it make any disproportion if a crime is committed by a single or many.
Retaliation (qisas) relates usually in a box of wilful or intentional attempted murder or injury. In (2) as well as (3) there have been usually remuneration (diyah). There can be no plea from a child or a lunatic, nor can there be any plea if a murdered chairman is a child or a lunatic. An adult who kills a child is theme usually to a salvation of compensation. However, a small jurists have been of a perspective which there is plea here, as well as additionally for a killing of a lunatic.
Another condition for plea is which a culprit was not compelled or underneath constraint, nonetheless this does not apply in tha box o! f death, for in make a difference of murder, there is no "taqiyah" (dissimulation). It is additionally required which a chairman murdered by "without sin", i.e. not someone whose genocide is available by a shari'ah. There is no retaliating opposite a father, a grandfather or a good grandfather, if a attempted murder their son, grandson or good grandson, usually compensation. A Muslim is theme to plea usually in a box of a attempted murder of an additional Muslim. Likewise, plea shall be taken opposite a freedman usually for a attempted murder of a freedman.
The red red blood income or remuneration for a free Muslim is: a hundred camels, or dual hundred cows, or a thousand sheep, or dual hundred items of clothing, any consisting of dual parts, or a thousand dinars. If a heirs of a murdered chairman agree to! take the! compensation, plea is voided, as well as a killer contingency compensate a remuneration inside of a single year. In (2), a duration for remuneration is dual years. In (3), a duration is 3 years, with a third being payable any year.
In cases of tools of a body, plea can be extracted if a movement was delieberate. The plea is like-for-like, i.e. an eye for an eye, an ear for an ear, as well as a tooth for a tooth.
If a crime is of kinds (2) or (3), there have been special compensations: a small homogeneous to a total remuneration for a male (i.e. 1000 dinars), a small a half, as well as a small reduction than a half. In general, organs as well as tools of a physique which start singly, such as a nose or a penis, direct a total compensation). In (1) as well as (2) a remuneration contingency be paid by a cluprit himself, though in (3) it might be paid by his 'aqilah (certain nearby relatives upon a father's side).
http://www.momin.com/Books/THE+ORIGIN+SHI039ITE+AND+ISLAM+PRINCIPLES-42/Part+Three+The+Shariah+-+the+Divine+Code+of+Living-659/14+Penology+hudud-3735.html
SOURCE: Read More @ Source
More Barisan Nasional (BN) | Pakatan Rakyat (PR) | Sociopolitics Plus |
Courtesy of Bonology.com Politically Incorrect Buzz & Buzz
No comments:
Post a Comment