Q1- Define Hadd & Tazir. What is distinction between these two?
Q2- Define Hadd & Tazir. Discuss the offences punishable by Hadd.
Q3- What is meant by Hadd Y Tazir. How many hudood offences are these in Islam?
Ans:
1.INTRODUCTION.
Hadd is the punishment which is fixed by the God & Tazir is the punishment which is given by the Judge; it’s purely discretion of the Judge or Court. When certain public rights are violated the wrong is called maasiat that is crime or offence and it gives rise to certain substitutory public rights in the form of Uqa,bat or punishments Viz Hadd & Tazir. The distinction between Hadd & Tazir is of fundamental importance and concerns doctrine of Hadd itself.
2. KINDS OF PUNISHMENT.
Following are 2 kinds of punishment.
(I). Hadd.
(II). Tazir.
3. HADD.
(I). Meaning of Hadd.
The word Hadd means prevention, measure, and limit.
(II). Definition of Hadd.
Hadd means a punishment which is fixed and enjoyed as the right of Allah.
(III). Origin of Hadd Punishment.
Hadd used to be prevented in Arabia at the time of the promulgation of islam and the Muhammamadan law has laid down conditions of a stringent nature under which such punishments may be inflicted.
(IV). Nature of Hadd Punishment.
Hadd in Islam is the nale of that punishment which is fixed by the Holy Quran or the Sunnah of the Holy Prophet (PBUH) it is enforceable as a right of God and is liable to be changed neither by the legislature nor by the courts.
(V). Object of Hadd.
The object of Tazir is reformation & correction of the offender.
4. OBJECT OF PUNISHMENT IN ISLAM.
Case Law.
1999 MLD 2450.
` It was held that object of punishment is reformation of convicts and not to penalize them in vengeance.
5. TAZIR.
(I). Meaning of Taizr.
Tazir means disgracing the criminal for his shameful conduct.
(II). Definition of Tazir.
Tazir is the punishment that are at the discretion of the judge when the offence is related to a private injury are called Tazir.
OR.
Taizr means punishment other than Qisas, Diyat, Arsh or Daman.
6. DIFFERENCE BETWEEN HADD & TAZIR.
(I). As To Meaning.
Hadd.
Hadd is punishment fixed by Allah.
Tazir.
Tazir is punishment at the discretion of Judge.
(II). As To Object.
Hadd.
The object of Hadd is prevention of a crime by following the principle of retaliation and keeps everyone in the limits prescribed by Allah.
Tazir.
The object of Tazir is reformation & correction of the offender.
(III). As To Procedure.
Hadd.
The procedure of trial in Hadd is complicated.
Tazir.
The procedure of trial in Tazir is simple as according to some jurists judge can even render judgment on the basis of his own knowledge.
(IV). As To Right.
Hadd.
Violation of rights of Allah gives rise to Hadd punishments.
Tazir.
Violation of rights of individual gives rise to Hudud punishments.
(V). A s To Commuting of Sentence.
Hadd.
The penalty of Hadd cannot be commuted.
Tazir.
The penalty of Tazir can be commuted.
(VI). As To Proof of Sentence.
Hadd.
Pardon cannot be granted in Huded cases.
Tazir.
Pardon may be granted in Tazir cases.
(VII). As To Operation of Mistake.
Hadd.
Doubt or mistake has the effect of waiving the penalty of Hadd.
Tazir.
Doubt or mistake has no effect in Tazir.
(VIII). As To Rule of Evidence.
Hadd.
Evidence of women is not admissible in Hudud cases.
Tazir.
The evidence of women is admissible in Tazir cases, but the nisab of 1 man and 2 women has to be maintained,
(IX). As To Standard of Evidence.
Hadd.
In Hudud, the standard of evidence is very high as to the number and qualification of witnesses and the conditions under which Hadd may be imposed and any doubt would be sufficient to prevent the imposition of Hadd.
Tazir.
In Tazir, the standard of evidence is not so high.
(X). As To Mention of Offences.
Hadd.
(i). Zina
(ii). Sariqah.
(iii). Hirabah.
(iv). Qadhf.
(v). Shurb.
(vi). Riddha.
(vii). Beghy.
Tazir.
Tazir offences have not been mentioned exclusively and they are innumerable.
(XI). As To Discretion.
Hadd.
In Hudud crimes, the judge cannot exercise his discretion.
Tazir.
In Tazir, Judge or head of the State may exercise the discretion.
(XII). As To Replacement.
Hadd.
Hadd punishments can be dealt with under Taizr.
Tazir.
In Taizr the punishment of Hudud cannot be enforced.
7. CONCLUSION.
The pith and marrow of all the previous discussion there is no iota untruth shows that Hadd is the punishment which is given by God and Tazir is the punishment which is given by Judge. The Judge use his discretion in the Tazir but not in Hudud cases. The main object of punishment is reformation of the offender.
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