non-muḥṣan is one hundred lashes together with banishment for a full year, to a distance that entitles one to shorten the prayer.
The prerequisites for being deemed muḥṣan are four: (1) adulthood, (2) sanity, (3) freedom, and (4) having consummated a valid marriage.
A male or female slave receives half the penalty of a free person.
The rulings for sodomy and for intercourse with animals are the same as those for fornication.
Whoever engages in sexual contact short of penetration is subject to discretionary punishment (taʿzīr), but the taʿzīr may not reach the minimum level of any prescribed ḥadd.
Section
If someone accuses another of fornication, the ḥadd for false accusation applies, provided eight conditions are met.
Three concern the accuser: he must be (1) an adult, (2) sane, and (3) not the parent of the person accused.
Five concern the accused: he must be (1) a Muslim, (2) an adult, (3) sane, (4) free, and (5) chaste.
A free person who makes a false accusation is flogged eighty lashes, whereas a slave receives forty.
The ḥadd for false accusation is lifted in three cases: (1) the accuser produces lawful testimony, (2) the accused pardons him, or (3) in the case of a wife, mutual imprecation (liʿān) takes place.
Section
Whoever drinks wine or any intoxicating beverage is to be flogged forty lashes, though the authority may increase it to eighty as a form of taʿzīr.
The punishment becomes due by either admissible testimony or the drinker’s own confession; it is not established by vomiting or by the odor on his breath.
Section
A thief’s right hand is amputated when three conditions are fulfilled: (1) he is an adult and sane; (2) he steals property worth a quarter of a dinar; and (3) he takes it from a secure place customarily used to safeguard such property, with no ownership or legitimate claim to it and no ambiguity regarding the victim’s ownership.
The right hand is cut off at the wrist.
If he steals a second time, his left foot is severed; a third theft results in the loss of the left hand; a fourth, the right foot.
Should he steal after that, he is subjected to discretionary punishment—though some hold that he is executed by confinement.
Section
Highway robbers fall into four categories: if they kill without seizing property