Xpert
07-11-2011, 12:49 AM
Q Define Hadd and Tazir what is distinction between these two? (2000) (1997)
Q Define Hadd and Tazia. Discuss the offences punishable by Hadd. (2004/S) (2005/A)
Introduction:
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 punishments viz: Hadd and Tazir. The distinction between Hadd and Tazir is of fundamental and concerns the doctrine of Hadd itself.
Types Of Punishment:
Punishments are divided into two types:
(i) Hadd
(ii) Tazir
Hadd:
(I) Meaning Of Hadd:
(I) Literal Meaning:
The word Hadd literally means prevention, measure, limit.
(iii) Legal Meaning:
“Hadd Means a punishment which is fixed and enjoined as the right of Allah.”
(II) Origin Of HADD Punishment:
Hadd used to be prevalent in Arabia at the time of the promulgation of Islam, and the Muhammadan law laid down conditions of a stringent nature under which such punishments may be inflicted.
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 vengeance
Tazir:
(I) Meaning Of Tazir:
Tazir literally means disgracing the criminal for his shameful conduct.
(ii) Legal MEANING:
“punishment that are at the discretion of the judge when the offence is related to a private injury are called Tazir.”
Difference Between Hadd And Tazir:
There is not indication is Sunnah about the difference between Hadd and Tazir. It would be open to legislature to add to the categories of Hadd and also enhance the punishment fixed by the q uran and the Sunnah keeping in view, the circumstances and requirements of an age, thought the punishments so finds cannot be reduced (PLD 1983 FSC 255) following are some points of distinction between Hadd and Tazir.
(I) As To Object:
The object of Hadd is prevention of a crime by following the principle of retaliation and keeps everyone in the limits prescribed by Allah.
To object of Tazir is reformation and correction of the offender.
(II) Procedure:
The procedure of trial in Hadd is complicated.
The procedure of trail in Tazir is simple as according to same jurists judge can even render judgement on the basis of his own knowledge.
(III) As To Right:
Violation of rights of Allah gives rise to hadd punishments.
Violation of rights of individual gives rise to hudud punishments.
(IV) Commuting Of Sentence:
The penality of Hadd cannot be commuted.
The penality of Tazir can be commuted
(V) Pardon Of Sentence:
Pardon cannot be granted in Hudud cases.
Pardon may be granted in Tazir cases.
(VI) Operation Of Mistake:
Doubt or mistake has the effect of waiving the penalty of hadd.
Doubt or mistake has effect in Tazir.
(VII) Rule Of Evidence:
Evidence of women is not admissible in hudud cases.
The evidence of women is admissible in Taizr cases, but the nisab of one man and two women has to be maintained.
(VIII) Standard Of Evidnece:
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.
In Tazir, the standard of evidence is not so high.
(IX) Mention Of Offences:
Some jurists list seven hadd offences.
(i) Zine
(ii) Sariqah
(iii) Hirabah
(iv) Qadhf
(v) Shrub
(vi) Riddha
(vii) Baghy
Tazir offences has not be mentioned exclusively and they are innumerable.
(X) Discretion:
In Hudud crimes, the judge cannot exercise his discretion.
In Tazur. Judge or head of the state may exercise discretion.
(XI) Replacement:
Hadd punishments can be death with under Taizr.
In Tazir the punishment of Hudud cannot be enforced.
Conclusion:
To conclude, I can say, that the punishments of Hadd and Tazir is a part of Islamic law. Hadd was prevalent in Arabia before the promulgation of Islam and it is prior to the concept of punishment as Tazir. In Pakistan today Tazir and Siyasah are both ciassified under the heading of Taizr. While the law of Hudud is enforced thought the prohibition of Hadd order (No. 4), 1979 Hndud ordinance VI 1979 (offences against property) and Zine ordinance (enforcement of hadd) VII1979.
Q Define Hadd and Tazia. Discuss the offences punishable by Hadd. (2004/S) (2005/A)
Introduction:
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 punishments viz: Hadd and Tazir. The distinction between Hadd and Tazir is of fundamental and concerns the doctrine of Hadd itself.
Types Of Punishment:
Punishments are divided into two types:
(i) Hadd
(ii) Tazir
Hadd:
(I) Meaning Of Hadd:
(I) Literal Meaning:
The word Hadd literally means prevention, measure, limit.
(iii) Legal Meaning:
“Hadd Means a punishment which is fixed and enjoined as the right of Allah.”
(II) Origin Of HADD Punishment:
Hadd used to be prevalent in Arabia at the time of the promulgation of Islam, and the Muhammadan law laid down conditions of a stringent nature under which such punishments may be inflicted.
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 vengeance
Tazir:
(I) Meaning Of Tazir:
Tazir literally means disgracing the criminal for his shameful conduct.
(ii) Legal MEANING:
“punishment that are at the discretion of the judge when the offence is related to a private injury are called Tazir.”
Difference Between Hadd And Tazir:
There is not indication is Sunnah about the difference between Hadd and Tazir. It would be open to legislature to add to the categories of Hadd and also enhance the punishment fixed by the q uran and the Sunnah keeping in view, the circumstances and requirements of an age, thought the punishments so finds cannot be reduced (PLD 1983 FSC 255) following are some points of distinction between Hadd and Tazir.
(I) As To Object:
The object of Hadd is prevention of a crime by following the principle of retaliation and keeps everyone in the limits prescribed by Allah.
To object of Tazir is reformation and correction of the offender.
(II) Procedure:
The procedure of trial in Hadd is complicated.
The procedure of trail in Tazir is simple as according to same jurists judge can even render judgement on the basis of his own knowledge.
(III) As To Right:
Violation of rights of Allah gives rise to hadd punishments.
Violation of rights of individual gives rise to hudud punishments.
(IV) Commuting Of Sentence:
The penality of Hadd cannot be commuted.
The penality of Tazir can be commuted
(V) Pardon Of Sentence:
Pardon cannot be granted in Hudud cases.
Pardon may be granted in Tazir cases.
(VI) Operation Of Mistake:
Doubt or mistake has the effect of waiving the penalty of hadd.
Doubt or mistake has effect in Tazir.
(VII) Rule Of Evidence:
Evidence of women is not admissible in hudud cases.
The evidence of women is admissible in Taizr cases, but the nisab of one man and two women has to be maintained.
(VIII) Standard Of Evidnece:
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.
In Tazir, the standard of evidence is not so high.
(IX) Mention Of Offences:
Some jurists list seven hadd offences.
(i) Zine
(ii) Sariqah
(iii) Hirabah
(iv) Qadhf
(v) Shrub
(vi) Riddha
(vii) Baghy
Tazir offences has not be mentioned exclusively and they are innumerable.
(X) Discretion:
In Hudud crimes, the judge cannot exercise his discretion.
In Tazur. Judge or head of the state may exercise discretion.
(XI) Replacement:
Hadd punishments can be death with under Taizr.
In Tazir the punishment of Hudud cannot be enforced.
Conclusion:
To conclude, I can say, that the punishments of Hadd and Tazir is a part of Islamic law. Hadd was prevalent in Arabia before the promulgation of Islam and it is prior to the concept of punishment as Tazir. In Pakistan today Tazir and Siyasah are both ciassified under the heading of Taizr. While the law of Hudud is enforced thought the prohibition of Hadd order (No. 4), 1979 Hndud ordinance VI 1979 (offences against property) and Zine ordinance (enforcement of hadd) VII1979.