In the name of Allah, the Entirely Merciful, the Especially Merciful. O Allah! I seek refuge in You from knowingly associating partners with You in any way, and I seek Your forgiveness for that which I do not know.
Ameen.
The difference between Hudud and Qisas
Hudud is a punishment that has been determined and established by Allah in the Quran and hadith. This hudud punishment is
the right of Allah which cannot be exchanged for the punishment and cannot be modified and amended.
Hudud punishment cannot be forgiven by anyone. Those who violate the rules of Allah's law that have been determined and established by Allah and His Messenger mentioned in the Qur'an and hadith are included in the group of unjust people.
The word of Allah s.w.t:
And whoever violates the rules of Allah's law, then they are the wrongdoers (Surah Al-Baqarah: 229)
Some offences that must be subject to hudud law are: -
- Adultery (i.e. having intercourse without marriage that is valid according to
Shariah law')
- Accusing a person of adultery (qazaf), i.e. making an accusation of adultery against a good and pure person or denying his lineage, and the accusation cannot be proven with four witnesses.
- Apostate
The punishment of qisas is the same as the punishment of hudud, which is the punishment that has been determined and determined by Allah in the Qur'an and hadith that must be imposed on criminals who are found guilty in court.
Retributive punishment is an offence that is subject to retaliatory punishment. Killing is rewarded with killing (life for life), wounding is rewarded with wounding, wounding is
returned with wounding.
Some offences that must be subject to qisas punishment are:
- Killing other people on purpose.
The words of Allah Taala: "O you who believe! It is obligatory for you to carry out qisas punishment (balanced retribution) in the case of
those who die and are killed" (Surah Al-Baqarah: 178)
- Deliberately removing or injuring one of the body parts of another person.
- Injuring others on purpose.
The words of Allah Almighty: "And we have decreed upon them in the book of the Torah, that soul shall be
rewarded for soul, and eye shall be rewarded for eye, and ear shall be rewarded with ear, and tooth shall be rewarded with tooth, and wounds shall also be rewarded (balanced). But whoever gives up the right to retaliate, then it becomes an atonement for him. And whoever does not punish with what Allah has revealed, then they are the wrongdoers. (Surah Al-Maidah: 45)
Wallahu'alam.
