Hadd & Tazir Punishment in Pak Legal System

1.INTRODUCTION

In law, every person irrespective of any distinction of nation, rank, cost, or Creed, is liable to punishment provided and offence is proved against him. the legal consequences of criminal proceedings, if successful, are a number of a punishment provided in the form of hadd & Tazir.

KINDS & PUNISHMENT UNDER PAKISTAN LEGAL SYSTEM

(A) HADD

MEANING:

Literal meaning of word Hadd is “Fixed or Limite”

Hadd is punishment the measure of which is definitely fixed.

DEFINITION:

Hadd is that punishments whose limits of which has been defined and fixed in the holy Quran & Sunnah.

(a) Hadd offences

Following are the seven of Hadd offences.

(I) Zina

Zina liable the hadd is constituted when a sane adult man or woman not married together nor suspecting to have been married together indulge in sexual intercourse.

(a) Proof of zina

Zina liable to hadd is proved either.

(i) By the confession of the accused, or

(ii) By the testimony of four adult Muslims male witnesses.

(b) Punishment of zina

(I) In case of muhsan

The punishment is rajam or stoning to death.

(II) Incase of non-muhsan

The punishment is whipping numbering 80 stripes /100 leashes at a public place.

Zina is wider term and includes both fornication and adultery.

(ii) Qazf

Qazaf means the false accusations of adulatory.

(a) Proof of qazf

The offence of qazf is proved, either

(i) By the confession of the accused, or

(ii) By the testimony Of two adult male free Muslim witness

(b) Punishment of Qazf

(I) Incase of free person

The punishment is 80 stripes, and

(ii) Incase of slaves

The punishment is 40 stripes

(iii) Drinking

An adult Muslim who takes intoxicating liquor by mouth is is guilty of drinking liable to hadd.

(a) Proof of drinking

The crime is proved by .the testimony of two adult male Muslims who fulfil the requirement of Tazkiya-al-Shahud.

(b) Punishment of drinking

The punishment is 100 stripes.

(iv) Theft (siraqah)

Whoever, being an adult, surreptitiously commits, from any hirz, theft of property of the value of the nisab or more is said to commit theft liable to hadd. Or

The physical removal of an object that is capable of being stolen without the consent of the owner and with the intention of the depriving the owner of its permanently.

(a) Proof of theft

Theft liable to hadd is held proved, either.

(i) When the accused pleads guilty.

(ii) When at least two adult Muslim witnesses give evidence as eye-witness of the occurrence.

(b) Punishment

Cutting of right hand from joint of wrist if theft is committed first.

(v) Harabah

It is also referred as a major theft and it partakes of and resembles the offence of robbery and extortion, but it is exactly the same.

(a) Proof of harabah

Harabah is held proved in the same manner as the offence of theft liable to hadd.

(b) Punishment of harabah.

There are different penalties varying with the nature of the case.

(if Robbery)

Death by beheading (Sar qalam krna)

(vi) Apostasy

It is a change of faith. The one who converts himself to another religion giving up Islam is called an "infidel".

(a) Punishment of apostasy

(i) For Men

Death penalty, and

(ii) For women

Physical punishment

(vii) Rebellion

According to some jurists rebellions also come into hadd.

(a) Punishment

The penalty is death for rebellions.

_______

Murder Punishment

Death by Retaliation by victim’s family.

Compensation (payment or property)

(B) TAZIR

DEFINITION

Tazir is the punishment prescribed and awarded by the courts other than Qisas, Diyat, arsh, & Daman

OBJECTS OF TAZIR

Are the correction. Of the offender and the prevention of the recurrence of the crime.

TAZIR CRIMES

IS INFLATED IN RESPECT OF THOSE OFFENCES WHICH ARE AGAINST HUMAN LIFE AND BODY, PROPERTY, PUBLIC PIECE AND TRANSQUILITY, DECENCY THEY MORAL, RELIGION, PERJURY , FORGET, GAMBLING CONTEMPT OF CODE ETC.

PUNISHMENT

Is the punishment which is left to the discretion of the court, which should be exercised in a judicial manner and according to the fats and circumstances of the case.

HADD & TAZIR DISTINGUISHED

Hadd is the punishment prescribed by holy Quran and Sunnah. / Tazir is the punishment that is not prescribed by holy Quran & Sunnah.

Judge is bound to make decision according to Quran & Sunnah. / Judge is free to make decision according to the situation.

The evidence of woman not admissible. / The evidence of Two woman with one man is admissible.

It cannot be commuted / It can be commuted.

Pardon cannot be granted. / Pardon may be granted.

It can be dealt with under Tazir./ It cannot be dealt with under hadood.

It's object is prevention of a crime / it's object is reformation & correction of the offender.

There is no discretion of court. / The court may be exercise discretion.

It is to be strictly followed if evidence is available for the type of offences for which this punishment is fixed. / It relates to those crimes in which the right accrues either  to Allah or to individual.