ASSIGMENT TOPIC

Difference between Hadd & Ta’zir

Specialization: (LLM)

Presented to: Dr. Shaukat Hussain Bhatti

Submitted by:

Name: Abbas Ali

Roll Number: MC-LLM-223-001

Session: 2022-23

Contact #: 0300-8636801

Email: abbasbhatti84@gmail.com

Date of Submission: 30-04-2023

(Department of Law)
Difference between the Hadd and Ta’zir

Difference between Hadd & Ta’zir

Punishments are divided into two classes, one of which is called Hadd and the other Ta'zir.

Hadd. means, "measure" or "limit".

In legal sense
"The punishment the limits of which have been defined and fixed in the Qur'an and Hadith."

Definition of Hadd
According to Section 2(c) of the Offences against Property' (Enforcement of Hadood) Ordinance,.1979;
"Hadd means punishment ordained by the Holy Qur'an and Sunnah."

Condition for the Enforcement of Hadd

(i) Hadd punishment can be imposed only on an adult, healthy and sane person. It cannot be imposed on
an insane or unsound person.

(ii) Hadd cannot be enforced in case of a minor doubt. It cannot be imposed on a patient until he recovers
his health.

(iii) Once Hadd is proved, it cannot be cancelled.

Following are the seven of Hadd offences.

(I) Zina
Zina liable the hadd is constituted when a sane adult man or woman not married tighter nor suspecting to
have been married together indulge in sexual intercourse.
(a) Proof of zina
Zina liable to hadd is proved either.
(i) By the confession of the accused, or
(ii) By the testimony of four adult Muslims male witnesses.

(b) Punishment of zina

(I) In case of muhsan
The punishment is rajam or stoning to death.
(II) Incase of non-muhsan
The punishment is whipping numbering 80 stripes at a public place.
Zina is wider term and includes both fornication and adultery.

(ii) Qazf
Qazf liable to hadd is constituted when any person, who is an adult, intentionally and unequivocally or
without ambiguity makes an imputation of zina liable to add against any person who is muhsan and
capable of performing sexual intercourse.

(a) Proof of qazf

The offence of qazf is proved, either
(i) By the confession of the accused, or
(ii) By the testimony Of two adult male free Muslim witness
(b) Punishment of Qazf
(I) Incase of free person
The punishment is 80 stripes, and

(ii) Incase of slaves

The punishment is 40 stripes

(iii) Drinking
An adult Muslim who takes intoxicating liquor by mouth is is guilty of drinking liable to hadd.

(a) Proof of drinking

The crime is proved by .the testimony of two adult male Muslims who fulfil the requirement of Tazkiya-al-Shahud.

(b) Punishment of drinking

The punishment is 100 stripes.

(iv) Theft (siraqah)

Whoever, being an adult, surreptitiously commits, from any hirz, theft of property of the value of the nisab or more
is said to commit theft liable to hadd.

Proof of theft
Theft liable to hadd is held proved, either.
(i) When the accused pleads guilty.
(ii) When at least two adult Muslim witnesses give evidence as eye-witness of the occurrence.

(v) Harabah
It is also referred as a major theft and it partakes of and resembles the offence of robbery and extortion, but it is
exactly the same.

(a) Proof of harabah

Harabah is held proved in the same manner as the offence of theft liable to hadd.

(b) Punishment of harabah.

There are different penalties varying with the nature of the case.

(vi) Apostasy
It is a change of faith. The one who converts himself to another religion giving up Islam is called an "infidel".

(a) Punishment of apostasy

(i) For Men
Death penalty, and

(ii) For women

Physical punishment

(vii) Rebellion
According to some jurists rebellions also come into hadd.

(a) Punishment
The penalty is death for rebellions.
Meaning of Tazir. Tazir means, "To punish"

In Legal sense
Tazir means, "Punishment which is at the discretion of the judge, when the offence relates to a private injury."

Definition of Tazir
According to Section 2(g) of the Offences against Property (Enforcement of Hadood) Ordinance, 1979;
"Tazir means any punishment other than Hadd."

In other words
"Tazir is the punishment which is prescribed and awarded by the Court other than Qisas, Diyat, Arsh and Daman."

Object of the Tazir

Objects of Tazir are the correction of the offender and the prevention of the recurrence of the crime.

Award of Tazir
Tazir is the punishment which is left to the discretion of the Court.

Infliction of Tazir
It may be inflicted by imposition of fine, scourging, imprisonment etc. It is inflicted in respect of those offences which
are against human life, body, property, etc.

Difference between the Hadd and Tazir

HADD
a) it is a punishment ordained by
the Holy Quran and Sunnah.
b) It relates to those crimes in
which the right accrues to Allah
alone, without any right accruing to
humanity.
c) There is no discretion of Court.
d) It is to be strictly followed.
e) The evidence of women is not
admissible.
f) It cannot be commuted.
g) Pardon cannot granted.
h) It can be dealt with under Tazir.
i) The object is prevention of a
crime.
TAZIR
a) it is punishment which is not rigidly
fixed by the supreme legislature.
b) It relates to those crimes in which the right either
accrues to Allah or to individual
c) The court may exercise discretion.
d) It is at the discretion of the court.
e) The evidence of two women with one man is
admissible.
f) tazir It can be commuted.
g) tazir Pardon may be granted.
h) It cannot be death with under Hadood
i) Its object is reformation and correction of the
offender.
 j) Procedure of trial in complicated j) Procedure of trail is simple.

Conclusion

Hadd is a fixed punishment, therefore, it cannot be changed but tazir can be discretionary matter of judge.
Both these punishments are different from each other.