In Islamic law, Hudud refers to the specific punishments prescribed by Allah in the Qur’an and the Sunnah for certain major crimes. These punishments form part of a penal system aimed at preserving the security and stability of the Islamic community and deterring crimes that threaten its structure. Hudud punishments apply to crimes such as theft, highway robbery, adultery, slander, drinking alcohol, and apostasy, and are collectively referred to as Hudud punishments.
Ruling of Article One of the Qatari Penal Code
With regard to the crimes listed in paragraphs one and two of Article One of the Qatari Penal Code, Article One establishes the application of Islamic law provisions to Hudud crimes related to theft, highway robbery, adultery, slander, drinking alcohol, apostasy, and crimes of retribution and blood money. This provision emphasizes Qatar’s commitment to implementing the substantive provisions of Islamic law if the accused or the victim is Muslim. It also stipulates the jurisdiction of Qatari courts over these crimes, handled through special chambers within the courts.
First: The Hudud Punishment for Theft in Islamic Law
Theft is among the crimes punishable by a Hudud penalty in strict accordance with Islamic law. The punishment for theft is based on verse 38 of Surat Al-Ma’idah: “As for the thief, the male and the female, amputate their hands…” The punishment is hand amputation, subject to conditions and requirements, such as the presence of evidence through two witnesses or a confession given twice in different sittings before the judge or his representative in the court reviewing the case. Additionally, the intent to steal must be proven, and the theft must have taken place in a protected location (harz).
Second: The Hudud Punishment for Highway Robbery and Its Role in Combating Corruption
The Hudud punishment for highway robbery serves to maintain public security and prevent corruption on earth. Allah says in Surat Al-Ma’idah: “The punishment of those who wage war against Allah and His Messenger and strive upon earth [to cause] corruption…” (verse 33). Punishments range from execution, crucifixion, amputation of hands and feet on opposite sides, to exile from the land, as determined by the judge based on the severity of the crime. Crimes such as terrorism, assault on people, and banditry are examples where this punishment may be applied.
Third: The Hudud Punishment for Adultery Among the Unmarried and Married
Islamic law differentiates between the punishment for an unmarried adulterer (non-muhsan) and a married adulterer (muhsan).
- Unmarried adulterer: Punished by 100 lashes, as stated in Allah’s verse: “The female fornicator and the male fornicator, lash each one of them with a hundred lashes…” (Surat An-Nur: 2).
- Married adulterer: Punished by stoning to death, as established by the actions and words of the Prophet (peace be upon him). Umar ibn al-Khattab also confirmed the continued application of the stoning punishment, despite the abrogation of the related verse.
Fourth: The Hudud Punishment for Slander and the Sanctity of Protection Against Accusation of Adultery
Slander, in Islamic law, is the accusation of someone committing adultery or sodomy without evidence or witnesses, and it is considered a major sin. Allah says: “And those who accuse chaste women and then do not produce four witnesses – lash them with eighty lashes…” (Surat An-Nur: 4). The punishment for slander is eighty lashes, and the slanderer’s testimony is not accepted afterward unless they repent and reform.
Fifth: The Hudud Punishment for Drinking Alcohol in Islamic Jurisprudence
There is consensus among jurists on the permissibility of flogging as a punishment for drinking alcohol, though they differ on the number of lashes. Based on the accounts of the Companions, the punishment is eighty lashes, as implemented by Umar ibn al-Khattab after consulting the Companions regarding the matter of alcohol consumption. This punishment serves as a deterrent for those who consume intoxicants, which lead to moral and social corruption.
Sixth: The Hudud Punishment for Apostasy in Islamic Law
Apostasy is the act of a Muslim abandoning Islam for another religion or atheism. According to Islamic law, the punishment for an apostate is death if they do not repent after a three-day period of seeking repentance. This ruling is based on the Prophet’s hadith: “Whoever changes his religion, kill him,” and the hadith, “The blood of a Muslim may not be legally shed except in three cases: life for life, a married person who commits adultery, and one who leaves his religion and abandons the community.” Apostasy is viewed as a threat to the unity of the Muslim community and Islamic faith, which is why the punishment is severe.
Application of Hudud in Qatari Law: Respecting Sharia and Safeguarding Rights
Under Article One of the Qatari Penal Code, Islamic law provisions are applied to the Hudud crimes mentioned if the accused or the victim is Muslim. This reflects Qatar’s commitment to enforcing Sharia in serious criminal cases. Specialized judicial chambers are also established to review these cases in primary courts and the Court of Appeal, ensuring the integrity and fairness of proceedings.
Conditions for Implementing Hudud: Ensuring Justice and Fairness
It is essential to note that implementing Hudud in Islamic law requires strict conditions to guarantee justice. For example, in the case of theft, there must be proof of intent to steal and the presence of security (harz) for the stolen property. For adultery, four witnesses or a confession from the accused is required. These conditions are meant to ensure that punishments are just and applied only after unequivocal proof of the crime.
Conclusion: The Importance of Hudud in Achieving Security and Justice
Hudud in Islamic law represents a penal system aimed at maintaining societal security and stability. Hudud are deterrent punishments intended to prevent the spread of major crimes that harm the social and moral order. The implementation of Hudud requires precision and transparency to ensure justice and fairness, which is upheld by the legal system in Qatar, where Sharia rulings are integrated with national laws to achieve a balance between rights and duties.