Answer
Definition of Hadd:
Hadd used to be prevalent in Arabia at promulgation of Islam and the Islamic Law, while
confirming it as the extreme punishment of certain crimes, has laid down conditions of a stringent nature, under which such punishments may be inflicted. These rules are so strict and inflexible that it must be only in rare cases that the infliction of Hadd as of retaliation He, and in fact; there are only a few instance known Isis been inflicted. The department of the law relating to Hadd has merely a historical interest and is typically illustrative c the principle of Islamic jurisprudence namely, not to interfere with the customs and usages of the people in such matters except as far it may be necessary to safeguard against abuses and oppression to let the new principle take the place of the old rule slowly are along with the advance of public opinion.
Punishments by way of Hadd are of the following forms:
Death by stoning, amputation of a limb or limbs, flogging hundred or eighty strikes. They are prescribed respectively for the following offences:
Kind of offences in which Hadd enforced:
(a) adultery;.
(b) fornication;
(c) false accusation;
(d) apostasy;
(e) drinking wine
(f) theft; and
(g) highway robbery
Some of the more important limitations and conditions und which the Islamic Law allows the infliction of this form punishment. The principle underlying them is that any doubt, would be sufficient to prevent the imposition of Hadd. For instance, such doubt may arise from the nature of authority applicable to the facts of a particular case or from the character to the evidence or from ti state of mind of the accused person, that is, his knowledge of the law or facts, or the state of his will at the time of commission of offence charged against him. If there be a show of authority, thou not 3f sound character against the accepted law which declares particular act to be punishable with Hadd, this is treated as a dot sufficient to prevent the imposition of such a sentence, even if accused himself did not entertain any doubt on the point. This is called error or doubt with respect to the subject of the application law, (shubhatu’l-mahal). Even when an offender misconceived law in a case where there is no foundation for such misconceived but he actually believed that what he was doing was not an offence. The sentence of Hadd will not be enforced against him. This is call doubt or error with respect to the act Shubhat-al-fail.
In certain cases such as an offence of wheredom, some jurists go so far as to commend to a man who has seen committed not give information or evidence, though if he chooses to do so testimony will be admitted, provided he possesses the qualification or a witness. It may mention that the policy of law in connect with this offence is to punish only those offenders who defy public decency and openly flaunt their vices. Hence it is, that four male eye-witnesses are required for its proof. Even if they are forthcoming which is hardly to be expected, the Magistrate is asked to scrutinize testimony closing in order to see if they are not mistaken and to allow them to retract what they have, deposed to. Furthermore, if there has been any delay in the witnesses coming forward and giving their evidence, that circumstance in itself is held sufficient to raise a doubt.
Tazeer
Literal meaning of Tazeer:
The literal meaning of Tazeer is to punish.
Tazeer in its primitive sense:
Tazeer in its primitive sense, n prohibition and also instruction, in law it signifies an inflection under undetermined in its degree by the law, on account of its importance and the occasion of it is any, offence for which Hadd not been appointed, whether that offence consists in word or dead.
Theft liable to Tazeer:
According to Article 13 of 1-ladood ordinance VI of 1979:
“Whoever commits theft which is not liable to “Hadd” or for which proof in either of the forms mentioned in Article 7 is not
available, or for which “hadd” may not be imposed or enforced under this Ordinance, shall be liable to Tazeer.”
Punishment for theft liable to Tazeer:
According to Article Enforcement of Hadood Ordinance VI of 1979. “Whoever commits theft liable to “tazeer” shall be awarded the punishment provided for the offence of theft in the Pakistan Penal Code.” ‘
Punishment for Haraabah liable to Tazeer:
According to 20 of Enforcement of Hadood Ordinance:
however commits Haraabah which is not liable to the punishment provided for in Article 17, or for which proof in either of the forms mentioned in Article 7 is not available, or which punishment of amputation or death may not be imposed or enforced under this Ordinance, shall be awarded, lie punishment provided in the Pakistan Penal Code for the Hence of dacoity, robbery or extortion as the case may be.”
According to Abdul Rahim: The objects of Ta’zir are the correction of the offender and the prevention of the recurrence of the crime. It is inflicted in respect of those offences which are against human life and body, property, public, peace and tranquillity, decency, morals religion, perjury, forgery, gambling and contempt of Court, etc. In fact, the entire Criminal Law of Muslim as prevalent at the presented by this based on the principle of Tazir”.
Kind of Tazeer punishment:
1. Slapping
2. Lashing or flogging stripes (not more than 39, i.e.. less than the lowest number prescribed as Hadd for a slave).
3. Externment, exilement.
4. Imprisonment which is Islamic Law is a coercive measure aiming at producing repentance (tawbah)
5. Public proclamation of the convict on a donkey’s back Tashhir.
6. Admonition or reprimand
7. Punishment of abandonment
8. Zaman (compensation) payable to the
in case of loss of property.
9. Diyat (money compensation)
10. Suspension or dismissal, and lastly
11. Death penalty.
Tazir can also be inflicted by the Qazi in a crime punishable with Hadd, which is not proved strictly, such as for having not proved adultery by production the requisite number of four eyewitnesses.