Islamic Jurisprudence II

Topic: Hadd and Tazir and their difference

By Sadia Sattar
 HADD AND TAZIR AND
THEIR DIFFERENCE
INTRODUCTION OF HADD

Hadd means measure ,limit, and in law it means a punishment the measure of
which has been definitely fixed.in legal sense Hadd means limit.
• PUNISHMENT BY WAY OF HADD ARE OF THE FOLLOWING FORMS

• Death by stoning, amputation of a limb ,flogging by hundred or eighty strikes

• HUDUD OFFENCES

• ZINA

• QAZAF

• DRINKING WINE

• SARIQAH OR THEFT

• HARAABAH
• APOSTASY

• REBELLION------------BAGHI

• INTRODUCTION OF TAZIR

• Punishments that are at the discretion of the judge when the offence is related to
a private injury are called ‘TAZIR’

• In fact the entire criminal law of the Muhammadan as prevalent at the present day
is based on the principles of tazir. The word tazir is sometimes translated as
discretionary penalties.

• OFFENCE UNDER TAZIR

• Offence under tazir include perjury ,usury, and slander.

• DIFFERENCE BETWEEN HADD AND TAZIR

• HADD

• IT is punishment ordained by the holy Quran and Sunnah

• The literal meanings of Hadd is measure or limit

• Hadd is not inflicted on child

• Hadd limit is fined by Quran and Hadith

• In Haad penalty for an offence against the right of Allah can not be waived or
commuted after apprehension and conviction
• It can not be commuted

• In Haad there is not discretion of court

• Pardon can not be granted in hudd cases

• The trial procedure is very complicated inHaad

• The evidence of women is not admissible in the right of Allah ,that is in

Hudud.

• TAZIR

• It is a punishment which is not rigidly fixed by the supreme legislature

• The literal meaning of Tazir is prohibition or instruction

• Tazir is inflicted on child

• Tazir is not fined by the supreme legislature

• In tazir the penalty for an offence against the right of an individual alone or against
the right of the state can be commuted

• It can not be commuted

• In tazir court may be exercise discretion

• Pardon may be granted in tazir cases

• The trail procedure in Tazir is simple

• While it is in the case of Tazir ,which is the right of the individual, but the
nisab of man and two woman has to be maintained ,as in the case of
other rights of the individual.