Islamic Criminal Law (Hudood, Qisas, Diyat, Ta'zir)
Islamic criminal law (uqubat) classifies offences into three categories based on the source and discretion involved:
- Hudood — offences with fixed punishments prescribed by God in the Quran or Sunnah.
- Qisas (and Diyat) — retaliation or blood-money for offences against the person (rights of individuals).
- Ta'zir — discretionary punishments determined by the state or judge.
A punishment whose nature and quantity is fixed by divine law — Quran or Sunnah — for specified offences. It is a 'right of God' (haqq Allah) and cannot be pardoned or compromised. Examples: zina, qadhf (false accusation of zina), sariqah (theft), hirabah (highway robbery), shurb al-khamr (drinking), and (debated) riddah (apostasy).
Hudood offences
| Offence | Hadd | Quranic basis |
|---|---|---|
| Zina (unlawful intercourse) | 100 lashes (unmarried); rajm (stoning) for muhsan | 24:2 |
| Qadhf (false accusation of zina) | 80 lashes | 24:4 |
| Sariqah (theft) | Amputation of right hand for first offence | 5:38 |
| Hirabah (highway robbery) | Death, crucifixion, cross-amputation, or exile | 5:33 |
| Shurb al-khamr (intoxication) | 40–80 lashes (Sunnah-based) | 5:90 |
The high standard of proof is what gives the Hudood their unique character: four adult Muslim male eyewitnesses to the actual act of penetration are required for zina conviction (Quran 24:4 and 24:13). The Prophet ﷺ encouraged judges to avert Hudood by doubt ("idra'u al-hudood bi'l-shubuhat").
Qisas and Diyat
Qisas (Quran 2:178–179) is retaliation in homicide and physical injury — "an eye for an eye". Diyat is the alternative compensation. Both are rights of the victim or heirs, who may insist on qisas, accept diyat, or pardon.
| Offence | Diyat |
|---|---|
| Qatl-i-amd (intentional killing) | 100 camels or monetary equivalent |
| Qatl-i-khata (mistake) | 100 camels — paid by aqila (kinsmen) |
| Loss of eye | 50 camels |
| Loss of hand | 50 camels |
| Loss of two organs | Full diyat |
Ta'zir
Ta'zir is discretionary punishment for offences not covered by Hudood or Qisas — fraud, embezzlement, false witness, perjury, etc. The judge may impose imprisonment, fine, public reprimand, lashes, or other proportionate sanction. Almost all modern criminal codes operate in the ta'zir space.
- Hudood are rights of God — not subject to settlement.
- Qisas/Diyat are rights of victims — may be compromised.
- Ta'zir is right of state and society — broad discretion.
- The standard of proof for hudood is higher than ta'zir — the slightest doubt averts the hadd (Bukhari).
- Hudood are not applied to children, the insane, or persons acting under duress.
Hudood codification in Pakistan
In 1979, General Zia-ul-Haq promulgated five Hudood Ordinances on 10 February 1979:
- Offences Against Property (Enforcement of Hudood) Ordinance 1979 — theft and hirabah.
- Offence of Zina (Enforcement of Hudood) Ordinance 1979 — adultery, fornication, rape.
- Offence of Qazf (Enforcement of Hadd) Ordinance 1979 — false accusation.
- Prohibition (Enforcement of Hadd) Order 1979 — alcohol and intoxicants.
- Execution of the Punishment of Whipping Ordinance 1979 (repealed by Whipping (Abolition) Act 1996 except for hadd cases).
The Zina Ordinance 1979 controversially treated rape and consensual zina under the same statute, requiring four male witnesses for hadd punishment. In many cases failure to prove rape resulted in zina charges against the complainant — a problem extensively criticised.
Reform: Protection of Women Act 2006
The Protection of Women (Criminal Laws Amendment) Act 2006 reformed the Zina Ordinance by:
- Returning rape to the Pakistan Penal Code (§§ 375–376).
- Allowing rape prosecution under PPC procedure with regular evidence.
- Limiting the zina hadd to a narrow band where eyewitness requirements are met.
- Requiring court permission before zina charges may be brought.
Qisas and Diyat Ordinance 1990
The Criminal Law (Second Amendment) Ordinance 1990 (later Act XX of 1997) replaced the PPC's homicide provisions with Qisas-Diyat:
- Qatl-i-amd (§ 300) — intentional killing.
- Qatl shibh-i-amd (§ 315) — quasi-intentional.
- Qatl-i-khata (§ 318) — mistake.
- Qatl bis-sabab (§ 321) — causation.
- Hurts: itlaf-i-udw, itlaf-i-salahiyyat-i-udw, shajjah (head/face), jurh (body).
The most controversial feature is waiver / compounding (§§ 309, 310 PPC) — heirs may forgive (afw) or compromise (sulh) for compensation, leading to concerns about honour killings and victim-coercion. The Anti-Honour Killings Act 2016 addressed this by limiting compoundability where the motive is honour.
For a CSS answer on Islamic Criminal Law, structure as: (i) tripartite classification (Hudood, Qisas/Diyat, Ta'zir) with Quranic basis; (ii) Pakistani codification (1979 Hudood Ordinances; 1990 Qisas Diyat); (iii) reforms (Protection of Women Act 2006; Anti-Honour Killings Act 2016); (iv) critical assessment with reference to Hazoor Bakhsh v. Federation PLD 1981 FSC 145 and Mukhtar Mai case 2011 SCMR 1849.
Federal Shariat Court jurisprudence
The Federal Shariat Court (Article 203D) has jurisdiction to test whether any law is repugnant to Quran and Sunnah. Notable cases:
- Hazoor Bakhsh v. Federation PLD 1981 FSC 145: held rajm not in Quran; reversed on review by full bench PLD 1983 FSC 255.
- Federation v. Gul Hassan PLD 1989 SC 633: prepared ground for Qisas/Diyat Ordinance.
- Federation v. Mst. Farishta PLD 1981 SC 120: limits of FSC jurisdiction.
The Council of Islamic Ideology (CII) in 2007 issued a major report calling for further reforms to the Hudood Ordinances; many recommendations remain pending implementation.