29.5.1 CONSIDERATIONS IN JUDGEMENT AND CONVICTION
A crime can be committing the prohibited or neglecting to do what is obligatory. Punishable offenses
are referred to courts, non-punishable offenses are for Allah. Punishments can be huduud, qisaas and diyat, or disciplinary,
ta’azir. Huduud crimes are: fornication, zina; false accusation of fornication, qadhf; robbery, hirabat; taking intoxicants,
khamr; and rebellion, baghyu.
29.5.2 HUDUD PUNISHMENTS RELATING TO SEX, KHAMR, and LIFE
Crimes that involve qisaas and diyat are killing or injury either deliberate, semi-deliberate, or accidental.
Conditions for conviction are intellectual competence, aql; age of maturity,
buloogh; voluntary action, and evidence. For zina 4 witnesses are required.
The punishment is stoning, rajm, for a previously married person and 100
lashes with exile for a convict with no prior sexual experience. The punishment for qadhaf is 80 lashes. The punishments for
rape and sodomy are death. Khamr is defined as any substance that clouds the mind or consciousness. The punishment for taking
khamr is 40 lashes. Retaliation, qisaas, is prescribed for deliberate homicide, qatl ‘amd, unless the victim’s
family forgive or take diyat instead. Diyat is prescribed for semi-delibareta killing, qatl ‘amd khata, or accidental
killing, qatl khata.
29.5.3 HUDUUD INVOLVING PROPERTY and the COMMUNITY
Punishment for stealing is severing the hand if a minimum of 1.058 grams of gold is stolen from a secure
place. The death sentence is prescribed for highway robbery, qati’u al tariq
29.5.4 TA’AZIR PUNISHMENTS
Ta’azir is a punishment that does not amount to a hadd punishment ie no more than 10 lashes.
The purpose of ta’azir is to discipline and prevent repetition of the crime. Ta’azir can be a physical punishment
such as lashing. Ta’zir can take the form of psychological punishment such as enforced exile. Ta’azir can also
be in the form of imprisonment.
29.5.5 ROLE OF THE PHYSICIAN IN PUNISHMENTS
The roles of physicians in criminal punishments are: assessment of physical fitness of the convict
for punishment, assessment of injury for purposes of qisaas, and assessment of diyat.