Answer to the misconceptions about Huduud

Answer to the misconceptions about Huduud
Let us first show that crime and killing in Islam are divided into two categories:
1. Crimes that have punishments established according to the laws of Shari'ah. These crimes are: murder, adultery, theft, drinking alcohol, false accusation of adultery or other immoral acts, aggression against people, after accepting Islam, rejecting it and fighting against Muslims or threatening or harming them in their society.

2. Crimes that do not have specified punishments according to the laws of Shari'ah. The Muslim executive head is given the authority to determine the punishment for such crimes in accordance with the public interest of Muslims and the Islamic society. This type of punishment is known as a severe reprimand.

Crimes that have punishments established according to the laws of Shari'ah are further divided into two groups:
i. It refers to punishments that involve violations of personal rights, such as: killing, bodily harm involving loss or impairment of a limb or organ, or false accusation of adultery. Penalties for such crimes can be reduced if the plaintiff waives the sentence. The punishment for such offenses is taziir, a disciplinary sanction decided by the ruling authority. These punishments serve the interest of the Islamic society.

ii. This refers to punishments for disobedience to the commands of Allah (Almighty) and other commandments established in the Shari'ah. These crimes include drinking alcohol, fornication and theft. The penalties for these offenses cannot be reduced even if the plaintiff drops the charges.

Let us list some basics for the execution of Huduud, capital punishments in Shari'ah:
1. Capital punishment is carried out on an adult, healthy person of legal age.

2. A capital penalty is waived if it is only a matter of suspicion or if there is a lack of evidence. 

This is based on the hadith of the Messenger of Allah (Peace be upon him):
"Stop huduud, capital punishments if you suspect suspicion [permissive or intentional]."

3. Capital punishment in Islam is only carried out for crimes against the five terrible crimes in life.

4. A capital punishment must be confirmed by a confession. It is still possible to withdraw a confession. Only men's testimony is accepted in capital punishment cases.

5. The main aim of such punishments is to teach criminals a lesson so that they do not do anything that spreads fear and terror in the Islamic society. No attack of any kind should take place against the rights of individuals in Islamic society. Therefore, such penalties exist as a deterrent measure to secure these rights. Consequently, society will enjoy peace and security.

In addition, although Islam threatens people with heavenly punishment in the afterlife for all sorts of offenses, this does not also affect worldly punishment. All individuals of the Islamic society who break laws and Islamic rules will be subjected to severe punishments. There are certain individuals in every human society who can only be disciplined through the use of force and abandon all their evil deeds against society. And then we can find that Islam has established the appropriate punishment for every crime. Qisas, killing the murderer, is a just and fitting punishment for one who kills others.

Allah Almighty says in the Quran al-Karim Surah Al-Baqarah (The Cow) 2:178, which can be translated in meaning as follows:
(O you who believe! Retaliation is prescribed for you for those who have been killed: the free for the free, the slave for the slave, the female for the female.)

However, if the victim's family forgives the murderer, the capital punishment is waived.

This is based on the Ajat in the Quran al-Karim Surah Al-Baqarah (The Cow) 2:178, which can be translated in meaning as follows:
(But if someone is forgiven something by his brother, the performance should be done in a befitting manner and the performance towards him should be done in a charitable manner.)

Furthermore, Allah (Almighty) ordained cutting of the hand as a punishment for theft.

This has its basis in the Ajat in the Quran al-Karim Sura Al-Maidah (The Table) 5:38, which can be translated in meaning as follows:
(You cut off the hands of the thief and the thief as a retribution for what they have committed and as a deterrent punishment from Allah. And Allah is Almighty, All-Wise.)

However, Islam only performs cutting of the hand under certain circumstances and conditions. First, the theft must be within the specified limit. Secondly, the stolen item must have been locked and properly protected. Thirdly, if the situation of theft is only suspicion or if the reason for the theft was real and justified hunger [or real poverty], in such a case the thief's hand is not amputated. Theft is a very common crime in society. If theft continues to spread, all members of society are at risk. Not a single individual would feel safe in his society anymore. However, a safe community is important in order to enable its members to live a decent and honorable life. After stealing, a thief may face resistance. This may lead him to commit another crime, such as murder. For example, he might rape a woman during the course of his crime. Therefore, such a serious crime must be properly and firmly prosecuted. So if a thief is aware that his hand will be cut off because of the theft, he will either hesitate or refrain from stealing. This also protects the wealth and security of the community.

Furthermore, Islam has prescribed a special punishment called hirabah [a special punishment described with the following example] for crimes committed under the threat of a weapon. Examples of hirabah include: blocking the road to rob those passing by; Kill; invading peaceful neighborhoods and frightening and intimidating innocent residents.

The proposed punishment is based on the Ajat in the Quran al-Karim Sura Al-Ma'idah (The Table) 5:33-34, which can be translated in meaning as follows:
(The reward of those who wage war against Allah and His Messenger and seek to bring about ruin in the land shall be that they will be killed or crucified, or that their hands and feet will be cut off alternately, or that they will be expelled from the land. For them will be disgrace in this world, and for them will be a severe punishment in the Hereafter. Excepted from this are those who repent before you have them under your control. So know that Allah is Forgiving, Merciful.)

The punishment is determined according to the nature and seriousness of the crime. If a thief kills his victim and buries the money, the punishment is to kill and crucify the thief. If the thief only takes the victim's money but does not kill the victim, the thief's hand will be cut off. If a thief kills the victim but does not touch his money, the thief is killed. If the thief frightens innocent local residents but does not kill any of them, such a threatening person must be expelled from his homeland.

Furthermore, Islam describes the punishment of flogging for bachelors who commit fornication.

This has its justification in the Ajat in the Qur'an al-Karim Sura An-Nur (The Light) 24:2, which can be translated in terms of meaning as follows:
(Whip the fornicator and the fornicator, if necessary, with a hundred lashes; and do not feel pity for them in view of this commandment of Allah, if you believe in Allah and the Last Day. And a number of the believers shall attend their torment.)

As for the married man or woman who commits adultery, the penalty is stoning until death. This penalty is only applicable and enforceable if certain conditions were met and occurred.

A married man or woman will be stoned to death if either of the following two conditions are met:

Open and clear commitment:
No force or violence may be used to obtain a confession from a defendant. Apart from that, the verdict is not issued after the first confession or open admission of guilt. The confession will only become effective after it has been repeated four times in four different sessions or hearings of the court. A judge turns his face away in all such sessions and at every confession, thereby showing his disapproval. In fact, the judge may offer the confessor some phrases, sentences or words intended to discourage him and persuade him to withdraw his confession.

The judge might say something like, "It could be that they kissed or touched the other person but did not actually commit the tort of adultery. They may have merely fondled the other person without actually having sexual intercourse."

All this to keep the door open for him to take back his confession. This has its basis in the Sunnah, tradition of the Prophet (Peace be upon him), who acted this way when the Ghamidi woman insisted that she had actually committed adultery and was now pregnant as a result of this sexual intercourse. If they so insist on their confession, the stoning will take place. Even if the stoning takes place and the person being stoned runs away to avoid it, this is considered a retraction of their confession. In such a case, the punishment of stoning is stopped.

Four honest witnesses are needed:
These four honest and fair witnesses must be known to be sincere in their testimony and conduct. These four witnesses must affirm that they truly saw the actual sexual intercourse directly (this means that the four witnesses actually saw the male penis in the female vagina). Such a situation can only be observed when such an unlawful act of gratification is openly committed by the two parties without showing respect for the laws, honor and dignity of the Islamic Society. In case of suspicion, stoning will not be carried out, as already mentioned before.

This is based on the Hadith of the Messenger of Allah:
"Stop huduud, capital punishments if you suspect suspicion [permissive or intentional]."

Adultery and fornication is not a personal privilege or private behavior. It is indeed a violation of the rights of the Islamic Society. There are many results and consequences that come from such immoral acts.

Just a few of them follow:
- Demoralization of social values and principles of society. As a result, increased spread of sexually transmitted diseases to innocent individuals in society.

- Mixing of ancestry. A child could be awarded to a person other than one's own father, or a child could be deprived of the honor of being allocated to his real father. Additionally, the serious problem of inheritance would arise. Those who were not entitled to an inheritance would inherit and those who were entitled to it would receive nothing. Furthermore, someone might marry a spouse who might be absolutely forbidden to him [such as his sister, a niece or aunt, etc.].

- Creation of a class of people who would be deprived of parental sympathy, lineage and family, and family affiliation. This could lead to serious mental illness and insecurities. As a result, this can lead to severe social deviations and disorders that could affect the entire society at large. Fatherhood and motherhood are like a country for a child. There it is looking for peace, shelter, security, support and joy.

Furthermore, Islam established a punishment of flogging for falsely accusing others of adultery or fornication.

Allah Almighty says in the Quran al-Karim Surah An-Nur (The Light) 24:4, which can be translated in meaning as follows:
(And those who accuse honorable women (unchastity) but do not produce four witnesses (for it), inflict eighty lashes. And never let their testimony count again; for it is they who are wicked.)

The reason, and Allah (Almighty) knows best, why He has determined and enforces this punishment is to protect and maintain good morals in society and to preserve the privacy of innocent people. False accusation is a major social problem that needs to be addressed and removed from society. Human dignity is inviolable. Every attempted attack generates retaliation. In some cases, such a false accusation can lead to murder in which the person causing the disturbance is killed.

That is why Shari'ah prescribes such a severe punishment for the accused if he does not provide valid and true evidence.

All punishments in Islam have the protection of human rights in mind and show and convey Divine honesty and justice.

Islam does not just stop at physical punishments but goes a step further to physiological punishments. For example, false witness statements will not be accepted. It is called a dishonorable, insincere and miserable act against the Shari'ah.

The only way out of this action is to see if the plaintiff fully repents to Allah and reforms his behavior. And again all this is done to protect human rights, Allah (Almighty) knows best.

Accordingly, Islam established a punishment for all kinds of intoxicants and for bootleggers. Drinking alcohol and using illegal drugs of all kinds is also punishable by flogging according to Shari'ah. Man is free to eat and drink as he pleases and to wear as he pleases, but within the limits set by Allah (Almighty). For example, Allah (Almighty) has banned certain types of meat, all alcoholic beverages and indecent clothing, which cause social and moral problems in society. Islam prohibits the believer from eating the meat of carcasses, the blood of slaughtered animals, pork and animals slaughtered by invoking a deity other than Allah (Almighty). There is no fixed punishment for these crimes or disobedience to Allah's command, but whoever commits them must repent completely and turn to Allah with all his heart and completely abstain from such illicit deeds and actions. If a person is found doing such forbidden things openly and publicly, appropriate disciplinary punishment will be imposed on him, which will serve the interest of the Islamic Society. Man is also forbidden to drink, take or use any kind of intoxicant that not only harms his body, his mind and his family, but also harms society. That's why wine, liquor and everything else like that in Islam is called "The mother of all evils or vices." Whipping an alcoholic is a prescribed punishment in Islam to curb the use of such harmful substances. Its intention is to ensure the protection of man and his essential things: wealth, mind and body. It is also aimed at eradicating the dangerous moral, economic, criminal and social influence from Muslim society.

Below we list some of the negative effects and consequences that result from the abuse of alcohol and drugs:
- A drunk person could unknowingly and under the influence of alcohol or drugs commit fornication, adultery or even rape of their own children.

- A drug addict becomes useless to society. An addict could commit any immoral act to get the illicit drugs through stealing or committing a crime.

- Serious health risks threaten drug addicts who are treated with substitute drugs by medical specialists.

- Money and time are wasted, which seriously harms the community and society.

- Society is deprived of the skills and abilities of the addicts. This in itself is an infringement on the rights of society.

- The addict loses his memory and skills from time to time. This situation can lead to tragic circumstances. A person may exhibit barbaric behavior and behavior under the influence of drugs or alcohol. Islam does not tolerate, accept or forgive such animalistic behavior by members of its society.

Therefore, Islam adopts a very broad and general ruling in the Shari'ah, which describes that the punishment corresponds to the magnitude of the sin. Allah Almighty says in the Quran al-Karim Surah Ash-Shura (The Advice) 42:40, which can be translated in meaning as follows: (The retribution for an evil act should be an evil of the same magnitude)

In addition, Allah Almighty says in the Quran al-Karim Surah An-Nahl (The Bees) 16:126, which can be translated in meaning as follows: (And if you punish, then punish in proportion to the injustice done to you)

However, Islam does not insist irrevocably on the infliction of these punishments. Rather, it leaves the door open for pardon and forgiveness when it comes to personal rights and harms. Allah Almighty says in the Quran al-Karim Surah An-Nur (The Light) 24:22, which can be translated in meaning as follows: (They should (rather) forgive and forgive. You don't wish that Allah forgive you? And Allah is Forgiving, Merciful.)

In addition, Allah Almighty says in the Quran al-Karim Surah Ash-Shura (The Advice) 42:40, which can be translated in meaning as follows: (But the reward of the one who forgives and makes amends rests surely with Allah.)

Islam is not concerned with taking revenge on the sinner. Islam does not use severe punishments to be harsh and strict with believers. The main and essential reason for the punishment is to protect the rights of believers in Islamic society. He further tries to maintain peace and tranquility and warns any individual who does evil or incites evil to think twice before committing any evil act against society. Islam aims to give second thought to any person who might think of committing such crimes as threatening the members of society. Islam also intends to purify the Islamic society from all criminal activities. When a murderer realizes that he/she will be killed for killing another person, and when a thief realizes that his hand will be cut off for stealing, and when a fornicator or adulterer realizes that he will do so in public is flogged, and when the person who falsely accuses someone of adultery realizes that he is being publicly flogged; they will all think seriously before committing their intended crime. As a result, Islamic society becomes safer and more secure.

Allah Almighty says in the Quran al-Karim Surah Al-Baqarah (The Cow) 2:179, which can be translated in meaning as follows: (In retaliation there is life for you, O you who understand! Perhaps you will fear (Allah).)

One might argue that some of these prescribed punishments in Islam are cruel. The answer to this accusation is simple: "All people agree that such crimes are extremely harmful to society. Accordingly, everyone agrees that these crimes must be counteracted and the people who commit crimes must be punished "We should compare the facts whether these Islamic punishments are more effective in reducing the crime rate in Islamic society or the man-made ones?"

Islamic punishments may seem cruel to the observer who only considers their external value. But upon closer inspection, they turn out to be just, practical and logical punishments. Islamic punishments, with Allah's help, are sufficient to eradicate crimes of all kinds in Islamic society. Before showing kindness to the criminal, one must not overlook or forget the rights of the victims of the crime. A corrupt and vile or defective organ must be cut off from society, as is done with a defective body part, in order to protect the rest of the body.

It must be noted that anti-Islamic media provides a distorted picture of Islam and Islamic society. For example, they claim that Islamic society is barbaric and uneducated. They also complain that his legal and penal system is cruel. In addition, these media show that members of Islamic society are characterized by persistent physical defects: without hands, arms and one leg; or people who would be whipped in public every day. One would think that Islamic punishments would be applied and carried out on a daily basis. Nevertheless, it must be emphasized that throughout Islamic history there were only a few cases of stoning to death being reported and carried out. These cases were rare and due to the urgent request of sinners who had confessed their crimes and expressed a personal desire to receive punishment by stoning. The individuals who committed such crimes wanted to be cleansed from pernicious sin. The situation is similar with all other Islamic punishments.

Fourth: The punishment that Islam imposes on those who abandon Islam as a way of life is a violation of human rights. Human rights guarantee all people the free choice of religion. Furthermore, such a punishment would contradict the statement in the Quran al-Karim Sura Al-Baqarah (The Cow) 2:256, which can be translated in terms of meaning as follows: (There is no compulsion in faith.)