Crimes can only be decisively curbed and society shielded from their evil by enforcing the divinely prescribed ḥudūd on those who commit them. As for levying monetary fines, imprisoning offenders, or imposing other man-made penalties, such measures amount to nothing but futility, injustice, and a further spread of wrongdoing.

Our jurists—may Allah have mercy on them—state that the offenses for which a ḥadd is obligatory are five: zinā (fornication or adultery), theft, highway robbery, drinking intoxicants, and qaḍf (the false accusation of zinā). Every other offense is subject to taʿzīr (discretionary punishment), as will be explained, Allah willing.

They add that the severest flogging among the ḥudūd is that for zinā, followed by the flogging for qaḍf, then that for drinking, and finally the flogging prescribed in taʿzīr, because Allah the Exalted singled out zinā with special emphasis, saying: “Let not compassion for them keep you from applying Allah’s law” (Q 24:2). The other punishments involve fewer lashes; therefore it is impermissible to exceed the ḥadd of zinā in either number or manner.

They further maintain that whoever dies while a ḥadd is being carried out upon him has forfeited all claims to compensation; nothing is owed on account of his death, for the penalty was executed in the manner legislated by Allah and His Messenger ﷺ.

However, if the executor exceeds the lawful procedure while carrying out the ḥadd and the person punished then dies, he must pay the full blood money, for the death occurred through aggression, akin to striking him outside the bounds of the ḥadd.

Al-Muwaffaq—may Allah have mercy on him—said: “There is no disagreement on this that we know of.”