Book of the Hudud (Fixed Legal Penalties)

Linguistically, ḥudūd is the plural of ḥadd. The root meaning of ḥadd is “to prevent,” that is, to set a boundary between two things so that they do not intermingle; the legal use of the term is derived from that sense.

In juristic terminology the ḥudūd are punishments whose measure has been fixed by the Sacred Law to prevent the repetition of offenses similar to the sin that was committed.

The ḥudūd are established by the Qur’an, the Sunnah, and the unanimous agreement of the scholars, and they are confirmed by sound analogy. They serve as retribution for violating the sanctities set by Allah the Exalted.

Legislative wisdom

These penalties embody profound wisdom, lofty meanings, and noble aims. They should therefore be enforced for the purposes of discipline, purification, and treatment—not out of spite or a thirst for revenge—so that blessing and benefit may result. They are, in fact, a great favor from Allah to His creation.

For the person upon whom a ḥadd is carried out, it is a purification from the guilt of the sin and an expiation that removes its punishment in the Hereafter.

For him and for others it serves as a deterrent and a warning against falling into sin.

It functions as a barrier that prevents evil and corruption from spreading across the earth.

Thus it is a source of security and protection for the public with respect to their lives, their honor, and their property.

By enforcing the ḥudūd the world is set right, the land flourishes, peace and tranquility prevail, and the favor is completed by subduing the people of wickedness and corruption.

Should they be abandoned—Allah’s refuge is sought—evil will spread and corruption will multiply, bringing about scandals and abominations so great that dwelling beneath the earth would be preferable to living upon it.

There is no doubt that the ḥudūd stem from Allah’s wisdom and mercy. Allah is Mighty and Wise.

When the Merciful Lawgiver ordained the ḥudūd, His mercy took precedence over His wrath. He exempted minors, the insane, and those who acted out of ignorance of the ruling.

He also made establishing them difficult. In the case of fornication, four upright male witnesses must explicitly testify to the occurrence of the act, or the offender must confess without coercion and persist in that confession until the punishment is carried out.

In theft, the hand is not cut off unless the crime is fully proven, every doubt is removed, and all the conditions for amputation are met, and so forth as detailed in its respective chapter.

He also commanded that the ḥudūd be averted whenever there is a plausible doubt. All of this is so that the servant’s repentance may remain between him and his Lord alone. Allah is All-Forgiving, Most Merciful.