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The Islamic Guidelines
Muhammad Saleem Dada
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PART-3
The LEGAL-ISSUE
At the very onset of the discussion at the Legal-Issue at the Islamic environment, I would point out that whatever Allah has commanded as law to us all is ADL; that truly is Justice. Whatever constitutions of law that the people have made by their own thoughts, with emphasis on the adopted morality taking the man as an animal and taking secularism to affect the environment, that might be termed as the law by such people themselves in some capacity yet it certainly does not represent Justice; only the word of Allah truly is Justice; Al-Hamdu Lillah. Strange it is that we find people disregarding the commands of Allah by the name of secularism that asks according to them for freedom of thought; then they decide whatever they decide taking the man as an animal without getting the fact that even glares them at face by this attitude that their asking for freedom of thought has led them ultimately to the slavery of their animal desires; this attitude would ultimately lead them to total confusion in all affairs; may Allah save all Muslims from all such confusion; Al-Hamdu Lillah. Note that ADL in Islam, or in other words the true Justice, is that value in the Islamic environment that makes sure that there remains total safety to the true belief upon Islam, Life, Sanity, Continuity-of-Life, Property; now that value must show without any sign of groundless fear to anyone who lives in that environment, as only the Truth is the basis to that environment; now that value must provide ease here at the practice of Islam. Here at this discussion of the Legal-Issue, I, MSD, would take-up the system of Justice that Islam asks to manifest at the Islamic environment to keep it free of all evil of crimes; Al-Hamdu Lillah. Please note that I, MSD, provide the following account to elucidate Justice as Islam takes it to the best of my knowledge and for that, I would take-up the code of the Criminal Law that Islam establishes to maintain peace at this environment; it is so that the Muslims feel at ease to do virtuous tasks for making of their AKHIRAT, the true life ahead, as the success there actually is the only true success; Al-Hamdu Lillah.
There are three categories to crimes according to the Islamic teachings; these are named under the headings of HUDUD (that relate to five very high wrongs/crimes whereas two of them directly relate to answering shameful attitudes), QISAS & DIYAT (that relate to murder and inflicting wounds of high nature so it directly relates to answering injustice) and TA’ZIR (that are other than these two). Although both men and women must take care to refrain from injustice and shameful deeds yet as much of injustice is initiated by uncaring men abusing the power of their official status as of now mostly, they are more liable to take care that they avoid injustice totally. Note also that as much of the shameful attitude is initiated by uncaring women attracting men by adornment of their beauty without HEJAB while leaving homes necessarily or unnecessarily, they are more liable to take care that they avoid such shameful attitude that might lead to shameful deeds. Note that HUDUD comprises of two things that are grave shameful acts plus two things that are high forms of injustice; the fifth one in them is the drinking of wine that has one aspect to injustice and the other to shameful attitude. These five are named as HUDUD and the two shameful sins among them are adultery (and fornication is included here) and abusing someone unjustly of adultery; the third that is the drinking of wine has very high potential to lead to both injustice and shameful attitude while the other two than these three are highway robbery that also includes armed mutiny against such Islamic state that has its basis strictly on the KITAB and the SUNNAH; and theft. Note that QISAS means life against life or wound of the same nature to the wrong-doer. However, it is allowed for heirs of the affected person in case of murder or for the affected person himself in case of wounds to take an amount of money against that infliction from the wrong-doer (that is called DIYAT and though in case of wounds the term ARSH is also used, I would take the term DIYAT only for all monetary compensations in matters of QISAS); he might be pardoned if the affected party so wills as this matter remains to the affected sides and does not become a direct case to pursue for the Islamic administration. Besides HUDUD and QISAS & DIYAT, the third category of crimes are called TA’ZIRAAT and those are the laws of the land that the Islamic state enforces in the society for the sake of peace and order as to run all matters of life in smooth way keeping to Islam. For TA’ZIRAAT, the best to say is that it depends on the understanding of the Islamic administration how to make and implement such laws keeping to Islam that they do not challenge the convenience in the living manner of the common man; having said this, please note that there are some necessary rules to care for TA’ZIRAAT so as to keep it to Islamic values in the scenario we face today and towards that, I would come later-on insha-Allah. In cases of those couple of HUDUD that are the most high shameful acts, where these case do not fulfill the criteria of the required SHAHADA (witness) that is highly strict by Islam here or if there arises some doubt to the commitment of the crime, the case has to be tried for TA’ZIR and not HADD (singular of HUDUD); the other three might also be converted to TA’ZIR due to high doubts therein yet the Respectable Compatible QADHI must go to his utmost capability to see that these three remain to HUDUD and punished accordingly. Taking these three other of HUDUD that are brutal robbery (this includes the ruthless robbery at highways and main routes and also apostasy by a Muslim person when he becomes active in abusing Islam or/and the last Prophet Muhammad PBUH; it also includes the armed mutiny against the Islamic state that has its basis strictly on the KITAB and the SUNNAH) and theft and drinking of wine; let us see the relevant designation, the punishment and the execution of punishment to each of these.
The brutal dacoits (and even the persons that revolt against the Islamic state challenging it by deadly weaponry) are those that with boldness challenge people and commit crimes taking away belongings of the people by force; clearly, they all have the cruel attitude in extreme that relates to “Might is Right” according to the witnesses and according to all evidence presented at the court; as such, even the kidnapping of weak persons might be included here. As punishment, they would be killed without any mercy or would be crucified or one of their hands and one of their legs (opposite sides) would be cut or they would be ordered exile so they would leave the land. The Respectable Compatible QADHI (the good Muslim Judge, respectable due to his honesty and compatible due to his good capability to manage affairs that matches the asking of his post) would take any of these that he finds appropriate in the given case; the matter would be satisfied at the minimum of punishment taking the last of them only where the Respectable Compatible QADHI deems fit; Al-Hamdu Lillah. Taking any of these four punishments to this heinous crime is described in SURAH-MA’EDAH-33; when the verdict is for the Capital Punishment, the execution of it would either be applied by sword chopping-off the head of such evil men or by bullets; note that Islam does not appreciate hanging in execution of the Capital Punishment though at times, it may bear it even as an option.
Also, in this very SURAH that is MA’EDAH, we read that the punishment of the male burglar and the female burglar is to cut the (right) hand but note here that he/she would be adult, sane and in full control of his/her senses (MA’EDAH-38). The case would come to HADD when that is for burglary of great valuables that is taken as not less in value than ten DIRHAMS that was the silver in currency at that time; but the mentioned amount is extremely meager by the standard of current times and for practical purpose, this amount is better to take as equivalent to the NISAB of ZAKAH by gold as of now; there certainly is some space for IJMA’ upon this in these most trying times. Such IJMA’ would not challenge the asking of the relevant Hadith that relates to the amount to designate the crime as theft as there are certainly other Ahadith to the effect that the hand of the thief is not to be cut because of meager amounts; so ‘URF does count here. At very few of Ahadith, there is some space where we have the option to see to their asking rather than words due to the genuine change in the situation around, keeping strictly to the Islamic principles but it does require that the prominent ULAMA discuss the matter and decide for this asking, by significant number; without their ruling about it significantly, the change in previous ruling would not take effect. Having said this, I, MSD, would still mark my point by asking to note that it would be in accordance to the authentic Hadith that asks us to save Muslims convicted in matters relating to the punishments of HUDUD where some high doubts do find place in genuine sense; the FIQH does note that there is some difference in the relevant amount to theft though all accepted relevant amounts there are extremely meager in terms of today. The QADHI shall take the assistance of substantial circumstantial evidence or/and modern electronic means as secondary reasoning when the two competent eligible eye-witnesses are available to it that have seen the thief committing the crime in such status that is telling of his criminal doing; these eye-witnesses would be Muslims that are adult, sane, caring to avoid all big sins and not putting emphasis on petty sins, caring to avoid such attitude that degrades them among the people in general and they must have seen the criminal act though not necessarily with such high observation in detail as the other two of HUDUD that are ZINA and QADHF ask for, they must have good eye-sight and also have good memory and each of them gives evidence that is complementary to the other in the meaning; their testimony would be highly acceptable with substantial circumstantial evidence or/and modern electronic means indicating well the responsible person; note for the adjectives to the eye-witnesses that “competent” here means “they fulfill the criteria that the Islamic stance asks of the witnesses here according to the Respectable Compatible QADHI” and “eligible” here means that “they have eligibility to provide their witness at the specified case due to their timely presence at the scene of the crime where they have observed that being committed”. Note that in addition, the theft must not have been committed because of hunger and thirst or any genuine basic human necessity; the other considerations include that the thing/s taken would be at reasonably protected place, it must not have any claim of ownership of the thief to it in any way (so taking something from the Government treasury or any such institution where he has a say, even if slight and that only in theory, is not burglary in strict terms being a citizen though it might be termed as something near to forgery or bad handling of finances, but that would go to TA’ZIR and not to HADD), it would not be in any kind of ownership of any of his house mates (that also includes his guests or where he himself is a guest) or of any of his close relatives and there would be no doubt about the theft or about the man accused as the thief; the owner who asks for his punishment at court must have two male competent eligible witnesses to his accusation of theft whereas the theft is done in silence; this implies that the benefit of any notable doubt about the theft or/and the thief would go to the accused person and he would become liable to acquittal unless something in it asks to divert it to TA’ZIR. The QADHI would not punish him in matters where he has taken the Quran belonging to someone without his permission even if he is capable to recite it only without getting its message; also, he would not punish him where he is charged of taking books of knowledge. The punishment to the person proven a thief by two witnesses or by his own admission twice at-least at different occasions, is to cut his/her hand as commanded in the Holy Book Quran in SURAH-MA’EDAH; note that according to FIQH, one hand that is the right hand would be cut from the wrist while according to it for the theft the second time, the left foot would be cut; for the third time, there would be no cutting of any part and here also TA’ZIR would be applied. With total respect to FIQH, I, MSD, would point-out that the Holy Book Quran has pointed out to cut the hand only of the thief and with acceptance that the thief is liable to commit the wrong the second time, it is not feasible to take anything other than prescribed here; the narrations at Ahadith in this matter, are not at such authenticity as to consider acceptable; note also that the Holy Book Quran tells this as the punishment for the male who is thief and for the female who is thief; it does not designate it as the punishment of “theft” according to the usage of terms here in strict sense (see MA’EDAH-38, noting specially the usage of these terms here); please note that the words of the Holy Book Quran do matter a lot too. With total respect then, I would remark that if the person commits theft for the first time, the four of fingers (and not the thumb) would be cut of the right hand of that thief; if the punished person commits theft the second time proving well that he/she is a confirmed thief, then that very hand, the right one that is now without fingers, would be cut from the wrist; the third time it would be TA’ZIR to such exceptional unyielding negative character that would not extend to cutting of any part of the body as he/she has already achieved his/her punishment at maximum by the Holy Book Quran. Even with this stance that does have its roots at FIQH, the command at the KITAB is fulfilled whereas the authentic SUNNAH of the Prophet PBUH does not challenge it; the fingers do apply to hand; Al-Hamdu Lillah. Note that Islam prescribes the punishments of HUDUD, and even of QISAS & DIYAT, as deterrent to these sins/crimes causing fear inside of those who have the tendency towards such and causing hope inside of those who intend to live at peace in the world caring for AKHIRAT; they are not to cause any harassment into the life of the common typical Muslim person at the Islamic environment who ought to feel at ease with punishment to wrong-doers for his safety here; they are mentioned to be provided and they certainly would be provided to wrong-doers as the last resort for the safety of all those that are virtuous here. The wound by the cut would be taken care of after execution of the punishment in all the good way possible, applying available modern techniques too.
As for the drinking of wine (any such viscous drink made as wine from dates or grapes or even raisins that actually is dried-grapes), it is that which would have caused the drinker to lose his senses certainly if it had been taken in quantity and would have designated him as drunkard; when the wrong is proved by two of eye-witnesses with the assistance of the substantial circumstantial evidence or/and the modern electronic means, he would be punished by 40 Lashes in public (this 40 lashes is according to SHAFA’I that is fine to take here for judicial system as of now so the least would do here well insha-Allah with an ordinary whip that would not be applied harshly); note that even if the accused person confesses to the drinking of such wine at-least twice at different occasions without any undue pressure on him, his clear admission also goes against him that makes substantial case here. So the conditions here include that the wine would be prepared either from dates or either from grapes (raisins included) or from both, it would be viscous and it is better to decide when it has caused the drunken state to the drinker according to all evidence though the occurrence of that state is not necessary where such specific wine is in consideration when it is known clearly that its relevant quantity would cause the drunken state; note that the drunken state is where the drinker has lost the ability to identify, or distinguish between, common things; there would be two male competent eligible witnesses to his act of drinking or alternately his own clear confession twice at different occasions to it without any undue pressure whatsoever. Note that if something that is generally recognized as wine, is made from some other thing, vicious or not, yet causes the drunken state to the offender then at such event, that also passes for the case of this HADD and it would be taken so; drinking its little when that does not cause the drunken-state would not take the matter to HADD (but it needs avoidance) though in the previous specific wine (KHAMR) that is prepared from dates, grapes or/and raisins (where it is known that its relevant quantity would cause the drunken state), even its such intake that is relevant to drinking, would take the matter to HADD; Al-Hamdu Lillah. Also note that at this corporal punishment, the whip for lashes would be moderate in make by the standard of current times and it would not whip heavily rather its moderate application would do well; also it is not right to whip the punished bound and at the time of whipping, the weather would be moderate too; for the man, it has to whip all the back from the shoulders to the legs with the SATAR of the man hidden by the cloth that does not stop the effect of the beatings when applied to it though he would not be hit at the front; it is better that he wears all his ordinary clothes at the execution except that which stops the effect of the beatings when applied to it; the whipping would be witnessed by some faction of Muslim men; after the execution of the verdict to him, he would be able to walk back with convenience; here the humiliation is asked though the physical torment is also necessarily expected, and accepted, to reach well towards the offender. Note that it is allowed that this whipping be provided in installments and the extremely weak person is to be punished once only by forty powerful straws bound well together. For the woman guilty of this crime, the whipping of 40 lashes would strictly be provided by the lady-executioner at private quarters though in front of some Muslim women only as audience to it with total leniency all-over the back in installments and that also with her total clothes on that hide her totally; it is better to execute some light lashes as punishment to her when she is seated and after total execution of the punishment, she would be able to walk back with convenience. The punishment would not be executed during her pregnancy or when she has a child incapable to eat by itself. Anyone that is once punished in HUDUD, would not be mentioned adversely except where necessary as their testimony at the court would be unacceptable. Note here that I, MSD, would take the other two of HUDUD ahead at the last of this discussion that are totally related to the two extremely shameful crimes/sins; these include QADHF (accusing some person of adultery/fornication) and adultery (fornication included) which necessarily require the involvement of a guilty woman too with a guilty man both leaning to JIHALAT that is giving-in to passions; other differences for these two crimes/sins is that the male competent eligible eye-witnesses needed at these two crimes/sins would be four and not two like at others here in HUDUD; these all eye-witnesses would have seen the commitment of the crime in such high detail that is not asked of the two eye-witnesses at any of the other three HUDUD; Allah has addressed both of these in Surah NOOR near to each other. But for now, let us study QISAS & DIYAT which is another set of crimes/sins that also ask for the prescribed punishment; Al-Hamdu Lillah.
QISAS means life against life and it also applies to the wounds that are inflicted by someone to the other; the inflictor of wounds would receive the same unless the affected person takes DIYAT (a huge amount of money) against them or just forgives without taking anything; FIQH does have relevant detail to it. The Islamic administration has a role to facilitate the matter for the sides involved by its judicial system and it is not to involve itself in this matter directly; it is the matter between the sides involved. FIQH, the HANAFI-School, tells about five types of Murder that are (1)-Intentional (2)-Intention-Like (3)-Accidental (4)-Accident-Like (5)-Causal. However, the MAALIKI-School tells of two types only; the first and the third. Probably, the better thing is to take the kinds here as three as of now, that are the First, the Third and the Fifth. The point to note here is that four of rulings apply to this matter that are QISAS, DIYAT, KAFFARAH, ITHM and insha-Allah I would take them ahead; note that when a person kills such a person to whom he is an heir, he would get his punishment and in addition, he would not remain his lawful heir then; this is named as HIRMANIL-IRTH that means “stoppage to getting the inheritance”. Intentional murder is that where the murderer commits it by intention taking life of somebody unlawfully and it is not only among major crimes but it also is one of the biggest sins certainly. The intentional murder is recognized by the weapon used even if the murderer pleads as “not-guilty”; the attacking weapon if totally able to kill a person especially so when it is commonly taken as lethal, tells the intention and more so, when the reason to it is also well-established. Its punishment is to take the life of the murderer because he has taken somebody’s life unlawfully even if that murdered person is a woman or a DHIMMI as this goes well here keeping the differences at FIQH aside as this also has its basis well at FIQH; Al-Hamdu Lillah. The murderer, who has committed the murder by intention, would be killed in return to the crime he committed that is QISAS unless the heirs of the murdered person pardon him taking DIYAT (a huge sum of money against the murder that he has committed and even if only one of heirs agrees to DIYAT, his life would be spared and he would not be killed in QISAS and others of heirs would also receive their respective shares in DIYAT too) as the heirs have the right to it according to Islamic teachings; there is no KAFFARAH (some compensation) here though it certainly is an ITHM (one of the major sins) that can only be compensated by true repentance. Note it well that the Islamic teachings take the ruling of murder with care to heirs as they would finally decide if the murderer shall be executed or not and even if one of them disagrees to QISAS, his life would be spared. In contrast to this, the west does not give any care to DIYAT and this difference also is significant that the west does not take adultery (fornication included) as crime where both sides provide consent to it while the Islamic stance is extremely strict in the ruling of this heinous crime which it designates as one of major sins for both sides; may Allah save all true Muslims from it and from all major sins; Al-Hamdu Lillah. The accidental murder is the one that is committed accidentally where there was no intention to kill yet it happened; for instance, where someone shot at the prey that missed the target and killed some person or where the loaded gun fired accidentally without intention and killed some person. In this type, there is DIYAT plus KAFFARAH though due to the absence of intention, it would not be mentioned as a sin. The Causal murder is that where a person has done something unlawfully that led to the death of some person accidentally without any of his intention yet he does seem to have a part in that; for instance, someone dug a well at someone’s property without his knowledge or approval and then some person fell in that well and died so the person who dug the well, would be held responsible in some capacity and that responsibility asks for the payment of DIYAT only. The crime that relates to QISAS & DIYAT also needs two eye-witnesses as are needed at the three of HUDUD that are other than ZINA and QADHF with the same criterion. Let us take the terms DIYAT and KAFFARAH ahead to understand their application in today’s scenario; Al-Hamdu Lillah.
DIYAT is that amount that is given to the heirs of the person killed and with that the life of the murderer is spared; in wounds of high nature too, DIYAT is given to the wounded person by the inflictor of such wounds. Though in the murder by intention, the heirs to the murdered person would be allowed to demand any reasonable DIYAT from the wrong-doer as of now yet it must conform to the good trends and traditions of the environment and the better thing is that it does not extend beyond the DIYAT that is asked for the accidental murder. The DIYAT for the accidental murder is 100 camels of different ages but the better feasible stance as of today is to take the amount of 10000 DIRHAM (that comes near to the cautious amount of 30630 grams of silver as current at the market) as that also is the option available for DIYAT; this amount is to be paid within three years to the heirs. Note that DIYAT is to be paid by the supporters (AAQILAH) of the murderer; in those days the respective tribes used to provide for DIYAT of the murderer being his AAQILAH yet nowadays, the respective supporters might take-up the task; for instance, if a public vehicle kills a man accidentally, the Union of that specific public transportation would provide DIYAT for the driver for that; it might be the institution at which he works in some capacity; so that would be termed as the AAQILAH for him that would either pay for him totally or support him in the payment of his DIYAT in this current era. If DIYAT is accepted for the murder on intention, it is better that the murderer pays the total of DIYAT himself in this current era, if he is capable to provide for it though even in that, he might ask and receive the support from his AAQILAH. The murder that fulfills the designation of Causal would ask for DIYAT yet it is well to take lesser than DIYAT of the accidental murder so it is better that the Islamic administration does fix it; it might even leave it on the heirs specifying the maximum amount. Note that except for the murder by intention where DIYAT would remain an option only, the other two types would necessarily ask only for DIYAT and not for QISAS. In wounds too, it is necessary to take DIYAT only as of now; note that FIQH relates to QISAS for different wounds in detail yet this wrong would ask any such DIYAT only as of now that is in sequence keeping ratio to the official DIYAT of the accidental murder; it would remain 25% or 50% or 75% of DIYAT asked at the accidental murder and it would surely not be put to QISAS; however, even to ask for 100% of DIYAT that is for the accidental murder here is feasible where the Respectable Compatible QADHI confirms. If a person seems bold to commit this wrong of inflicting wounds, he would be dealt by some TA’ZIR too with DIYAT as an exceptional matter here, though DIYAT would be that person’s actual punishment. Note that the intentional murder and the causal murder do not ask for KAFFARAH (compensation due to some wrong committed) though they do ask for ISTIGHFAR to Allah (asking for His mercy and His blessing that Muslims would always ask habitually), besides their prescribed punishment; the accidental murder does ask for KAFFARAH besides DIYAT and ISTIGHFAR to Allah. The KAFFARAH for it is freeing a Muslim slave or fasting for two months continuously without gap; in today’s scenario, the second one is the only option available for KAFFARAH. Note that Allah does not ask DIYAT in the accidental murder if that is of a Muslim that incidentally belongs to such people of enemy that challenge the values of Islam and thus challenge the establishment of the Islamic environment; however, KAFFARAH has to be taken-up at such situation too. Note that the accidental murder of a Muslim (and even a non-Muslim) that is from among the people to whom there is a peace agreement of the Islamic administration, does also ask besides ISTIGHFAR to Allah, for both DIYAT and KAFFARAH (see NISAA-92). Let us now see few points about QADHI (the Muslim Respectable Compatible Judge) and also about witnesses at the Judicial-System of the Islamic environment; Al-Hamdu Lillah.
The QADHI would be an adult Muslim man who is AQIL (sane) and ADIL (just; clear of major sins); he must have authority to pronounce his verdict by Islam without taking any pressure upon him and capable to impose that verdict with ease. He must have the knowledge of Islam to height and would be attentive to Allah with care to righteousness in all he does; Al-Hamdu Lillah. He would be capable to hear all sides of the case at hand with high understanding and he must never pronounce his verdict at anger, frustration or any such emotion that might lead him to give-in to some hope or to some fear causing him to decide erroneously; he must not decide even when at extreme hunger or at extreme thirst; Al-Hamdu Lillah. As for witnesses, note that for cases related to HUDUD and QISAS & DIYAT they would be adult and Muslim men that are AQIL and ADIL with the necessary knowledge of Islam and would not be given to bias towards any of sides in the case at hand. There are three levels to witnesses; for the cases of ZINA (adultery, fornication), there would be four competent eligible Muslim male witnesses (all of them being Eye-Witnesses who have seen the heinous crime with total clarity capable to recognize the wrong-doers with total precision and have observed it with high detail without any doubts whatsoever); if the case for ZINA is not proven neither as HADD nor as TA’ZIR, that would designate the witnesses therein as fibbers and then they would face the charge to QADHF. The second level is for other of HUDUD in which also there would be two competent eligible Muslim male eye-witnesses not necessarily such observant of detail as in the case of ZINA; the QADHI would see where they pass as eye-witnesses even when they have not particularly seen the happening of crime precisely; note that QISAS & DIYAT also need such two competent eligible Muslim male eye-witnesses for this category and note also that the testimony of women in these both categories is invalid; but admission of the wrong-doers to their wrong-doing by themselves in clear terms without any undue pressure, four times at different occasions for adultery & fornication and twice for highway robbery (or the armed rebellion), theft and drinking of wine, makes effective cases against these respective wrong-doers. With modern technical gadgets such as the highly sophisticated camera unless proven unworthy and the substantial circumstantial evidence unless proven unworthy in cases of these three, that are brutal robbery (& armed mutiny) and theft and drinking of wine, the two competent eligible male witnesses (who would be Muslims) need not be eye-witnesses to detail which relates to commitment of the crime; the result by the usage of modern technical gadgets and the availability of the substantial circumstantial evidence would be relevant to the crime so the Respectable Compatible QADHI would take them into account when two such eye-witnesses are available to it who are certain, being present at the crime-scene, that they have witnessed the accused person committing the crime, even if they do not exactly see the whole of it; the wrong-doers would face HADD at such accepted results of modern technical gadgets here or/and such accepted evidence here when the case does have the necessary primary provision of two competent eligible eye-witnesses for it; note that the cases of theft specially need observation on the part of the QADHI whereas every such case would have high worth when the thief is caught at the spot and two Muslim competent eligible male eye-witnesses who were present at the crime-scene, provide their testimony for it. The QADHI would see at all cases of theft if he can take the eye-witnesses at minimum of the needed competence as when it has to be converted to TA’ZIR, the punishment would not be similar to its prescribed one. The Respectable Compatible QADHI would see in the best way possible that he implements the command of Allah in this HADD too as in others that are highway robbery (including the armed-mutiny) and the drinking of wine; note that in the case relating to ZINA, the better thing is its conversion to TA’ZIR rather than keeping it to HADD, when that option is available even at minimum. On the third level, that are for cases of TA’ZIRAAT, especially pertaining to wealth & property and to matrimonial issues (and FIQH text-books deal with these two matters extensively that are well to study and practice), the testimony of two competent eligible Muslim male witnesses that the QADHI accepts at his court is well-enough while even the testimony of competent eligible Muslim female witnesses who fulfill the conditions to witness, two of them in substitution to one male witness, is valid to take into record here though they would necessarily be with at-least one competent eligible Muslim male witness in the case; they substitute one of male witnesses when they are competent and eligible whereas they become witnesses by their own free-will. In TA’ZIRAAT too, it is most feasible to take the substantial circumstantial evidence and the assistance of modern technical gadgets to prove the case against the accused person but only when the Respectable Compatible QADHI gets two competent eligible witnesses to the case that are most acceptable to him for it. Please note here that the competent eligible female witnesses specifically without any of male witnesses, are permitted to provide their observation in the specific matters of women in TA’ZIRAAT; the QADHI would consider such observation necessarily at such matters according to FIQH as for instance, in the child-birth. Note that the punishments in TA’ZIRAAT would necessarily remain lesser than what are pronounced at HUDUD and QISAS & DIYAT; there is some difference in this specific matter yet this stance also has its basis well at FIQH. Let us now learn ahead how TA’ZIRAAT would work at the Islamic environment; Al-Hamdu Lillah.
The rules that we Muslims need to follow in TA’ZIRAAT comprise of number of statements in which the first is the one that I, MSD, just mentioned. Please note that couple or somewhat more of these might not confirm to FIQH of old times but they would not challenge that either or they would be one of options at FIQH of old times; note that the concept to provide lesser punishment in TA’ZIRAAT than the prescribed punishments for HUDUD and QISAS & DIYAT, has difference in FIQH yet it does have its basis at rulings of the ancient times; these all statements have their authentic basis for application, keeping to USUL-AL-FIQH. Now firstly, in TA’ZIRAAT, the punishment would necessarily remain lesser than what are pronounced at HUDUD and QISAS & DIYAT; this counts well even for the converted TA’ZIRAAT that were filed initially as the cases at HUDUD. Secondly, in TA’ZIRAAT, the verdict would never be for capital punishment or amputation of any part of the body for any wrong whatsoever and this goes well with the asking of the first rule. Thirdly, in TA’ZIRAAT, the punishment would mostly relate to some monetary fines or/and to corporal punishment but lesser in lashes than HUDUD and QISAS & DIYAT; both these punishments here at TA’ZIR, or even something else like exile or imprisonment (maximum eight months), would highly depend on the decision of the Respectable Compatible QADHI; note that if he pronounces imprisonment at TA’ZIR, it would remain to eight months maximum and that would include the trial-period and the appeal-period too; the punished ones at TA’ZIRAAT would not be taken as criminals as this term would remain reserved for the punished at HUDUD and QISAS & DIYAT (but then also, to be mentioned only at necessity). Please note that imprisonment in HUDUD and QISAS & DIYAT, would be disapproved as much as possible (in-fact, any verdict that asks for more than its prescribed punishment to the criminal in these two categories would be disapproved except where the Respectable Compatible QADHI does find highly appropriate to impose one of TA’ZIRAAT here too blending it with any one of the prescribed punishment necessarily) and the maximum period to pronounce verdict in all of these cases would be four months from the notification of the wrong; if HADD is converted to TA’ZIR, that is most valid at the two of shameful issues though even others of HUDUD might ask for that, due to the lack in the quality or/and quantity of witnesses, then even the total imprisonment might only remain to 8 months; the imprisonment of the capable man even for a year or just a little more renders him useless and as such, his improvement becomes near to impossible; it also would become unnecessary punishment to his near ones in our traditional appreciable set-up. So the confinement to the prison for the accused in these two categories that are HUDUD and QISAS & DIYAT could only remain to the trial-period plus the appeal-period that must necessarily remain together to six months maximum from the notification of the wrong with an addition of two months in waiting or even lesser to its execution after the final verdict takes place; note well that these six months would even include the period of appeal too at the Appeals Court; note also that HUDUD and QISAS & DIYAT only ask for specific respective punishments necessarily as told in the NASS (the KITAB and the SUNNAH of the Prophet PBUH) when they keep to their own category but when they go to becoming TA’ZIR then even these issues of HUDUD would ask for something lesser in quantity yet they still would ask lashes to the wrong-doer. Fourthly, where the case does not pass for HADD especially at the case of ZINA (adultery, fornication), it would not be abandoned when there is high substantial circumstantial evidence or/and the indication of modern gadgets indicating some worth to the accusation; the case at such position would be converted to TA’ZIR then & there and due to its conversion being of exceptional nature, its hearing would yet be heard by HUDUD Court providing lesser punishment than what HUDUD ask for; the modern electronic gadgets are to remain only secondary evidence at the cases in HUDUD Court with necessary competent eligible witnesses as primary here at the Islamic environment but these modern electronic gadgets do value to affect the cases highly here leaving the cases that relate to ZINA and that relate to QADHF, because they have the direct attachment to their evidence; however, the medical evidence is actually of no consequence here at any HADD keeping strictly to the Islamic values and the post-mortem particularly needs avoidance here at all judicial process (and even at all medical education). Fifthly, the execution of the verdict would be immediate (that is within forty days of the final verdict after appeal; that final verdict of HUDUD Court would come at fore within twenty days of the decision to appeal at the Appeals Court) with no delay whatsoever; that would be taken-up by the professional skilled executors of the verdict proclaimed; the maximum period of the imprisonment would still remain to 8 months maximum in TA’ZIR as punishment and in HUDUD and QISAS & DIYAT as period in waiting. Sixthly, the punishment in TA’ZIR given at HUDUD cases of ZINA and QADHF would necessarily resemble the specific punishment that they ask for even if they do not remain to HADD strictly. Note that QADHF would only apply where the case has been registered as an HADD relating to ZINA and then it is not proven even as converted TA’ZIR; its other necessary condition is that the case of ZINA presents such woman accused in it who is reputable in general and not known in any manner for any shameful attitude that might put extreme blame on her even though she has been accused. Note also that the Islamic administration would monitor such person who is punished twice in the filthy crime of ZINA (or in its converted TA’ZIR) so as to keep him away of this heinous sin and so as to keep all environment clean of this extreme filth; Al-Hamdu Lillah. The Respectable Compatible QADHI would not convert the cases of other three of HUDUD to TA’ZIR to his utmost capability though the option at the law for that would remain available to him here at the extreme necessity due to some notable doubt at any matter related to it or due to lack in the quantity or the quality of the eye-witnesses; note that even if any of HUDUD converts to TA’ZIR, it would still remain to HUDUD Court. Seventhly, the police quarters would only register the case and get the accused if arrest is ordered but they would be disallowed the custody of the accused, even not bringing that accused to their respective quarters; they would have to transport him to the specific site (the central-quarter representative of some police-quarters including theirs too); the central-quarter would represent a number of police quarters as per guidance of the administration for any necessary interrogation without any high-handedness whatsoever; the trial period would be counted from the notification of the case at the respective quarter and not from seizing of the accused; note that the arrest would only take place by order of the central-quarter that relates to the relevant police-quarter which had received the first information of the wrong committed. Eighthly, there would be no beatings or torture to exhort the confession of any crime relating to any category for any reason whatsoever and if such charge surfaces even with minimum of substantial circumstantial evidence with the testimony of only two of competent eligible witnesses, not necessarily eye-witnesses, then the men mentioned as responsible to it would be suspended from the job with immediate effect and they would face the detailed investigation of that charge immediately after suspension. Ninthly, the testimony of the person who is punished in HADD or/and QISAS & DIYAT would not be accepted at any court of the Islamic environment and of the person who is punished in such TA’ZIRAAT twice that have been converted to that from HADD; Al-Hamdu Lillah. Let us now take-up the matter of the judicial process at the court of the Islamic environment so that we get the implementation of the law that provides justice here; Al-Hamdu Lillah.
The police-quarters would register the total cases -FIR- in their specified area as they do at these current times but with liability to report at their central-quarter under which they work; it would get the accused on the order of the central-quarter only, if the central-quarter finds that the custody is well-needed; the relevant police-quarter would denote the nature of the crime, to which court it has to be taken and at what specific time in the near future, in most clear terms to its central-quarter in written and they have to manage these things fast as the verdict at the court would necessarily come to all cases within four months from the notification at the police-quarter and not from their notification at the central-quarter even if they had not yet arrested the accused person that only would be possible if the central-quarter asks them for it; the custody of the accused would be given at his arrest to the central-quarter with immediate effect though it is even better that he is interrogated at his liberty without any detention whatsoever; the law would provide that no woman would be arrested for anything though she might be confined to her house on the charge of HUDUD or QISAS & DIYAT; no child even would be arrested for anything. I, MSD, am sure that it is totally well, seeing the Islamic teachings, to let the courts that present as of now to work at the Islamic environment that are named as City courts, High courts and the Supreme court as this set-up is able insha-Allah to provide justice by the Islamic law in an Islamic environment; we do not have to consider changing the set-up for provision of justice though that would apply justice by Islam insha-Allah and I would refer to these specific courts ahead by the respective names of Basic Courts, HUDUD Courts and the Appeals Court as not to confuse their respective works then with their respective works now, as they totally come towards Islam; Al-Hamdu Lillah. The Basic Court would deal in the cases that relate to family quarrels (i.e. about matters between the man and wife about decisions relating to marriage, divorce, children's custody, beatings given to spouse etc. and even division of finances among them) and specific financial quarrels relating to property and other such matters of financial nature among the citizens; however, the immediate relatives, or/and intelligent men with awareness in the Islamic teachings at both sides, shall try to achieve an agreement among themselves in the cases related to the Basic Courts without going there. Although ADL need to be established here yet EHSAN is the first priority that truly is the keyword that holds all matters in the relation between the man & wife; and it also is the keyword in all matters of financial nature among all citizens of the Islamic environment; Al-Hamdu Lillah. These Basic Courts are to be divided into two sections - A & B – that would deal with (A)-TA’ZIRAAT between the man & wife (even the financial matters that are related to them; that would also include all wrongs that any man commits against any woman and vice-versa when it is not at HADD or/and QISAS & DIYAT) and (B)-TA’ZIRAAT that relate to all other cases of it than whatever goes to the A-Section, especially the financial cases (including the cases of land & property and even of corruption relating to officials). Note that the term "TA’ZIRAAT" include all crimes related to all matters which may not be included in HUDUD or/and QISAS & DIYAT. HUDUD Courts would have three sections and let us assume them to be A & B & C. Here, the A-Section would be for HUDUD cases and this term includes 5 great sins which have among them ZINA (adultery, fornication) & accusing someone of ZINA (QADHF); the B-Section would be for appeals against the decisions of Basic Courts; please note here that though it would have the authority to ask the Basic Court for revision to its decision (for once only indicating the areas where concentration is yet needed) yet it would have no authority to decide anything by itself on such an appeal; note that the verdict given by any Respectable Compatible QADHI in some case is not liable to cancellation according to Islamic stance and the only feasible thing is the one-time appeal for its revision; the respectable QADHI who hears the appeal at HUDUD Court would ask the same QADHI of the Basic Court who gave the verdict to it, with total respect to revise the decision if he finds the revision feasible, highlighting the area of concern in his view; the C-Section of HUDUD Court would be for QISAS & DIYAT. All Respectable Compatible QADHI, who are highly aware of Islamic teachings, would always keep their delicate position in their view so they would manage their respectable liability with care towards the Islamic environment; they would try to avoid errors to maximum of their efforts, keeping all their attention totally towards Allah, the true Lord; Al-Hamdu Lillah.
As for Jails, they must remain institutions where the prisoners will be kept maximum for 8 months in punishment or in waiting. This means that there will be two kinds of prisoners. One of these would be jailed as punishment in TA’ZIRAAT by the Basic Court up-to 8 months maximum (even if the verdict comes during their imprisonment as it has to come in 4 months maximum; the trial-period and the appeal-period both included in these 8 months) and the other would be taken into custody but only if necessary, in cases of HUDUD Court that would relate to HUDUD and QISAS & DIYAT until final pronouncement of the verdict within 4 months. But no woman & no child would be jailed, though the charge against any of them might be of murder or of adultery and that also with substantial circumstantial evidence. The imprisonment of women and children for any reason whatsoever at jails, is totally against the good Islamic traditions that we enjoy as Muslims since many centuries now; Al-Hamdu Lillah. However, in cases of HUDUD Courts, women might be ordered restriction to their homes during the hearing but even then, there would be no male-police to keep watch though official female-police might keep necessary check according to the requirement of the law. When the charge against them is established and the court gives its decision, they will be given the assigned punishment. They would not be interrogated by the male police and also not without close relatives and in fact, would only be questioned at their own houses among their close relatives by the official women in police (though such official female-police would be minimum in number), according to necessity. The good traditional respect of women & children and even of old & weak, according to Islam, has to remain in view. Men only might be jailed putting them into the police custody for HUDUD Court “A” or “C” charges (but that would only be for necessity and certainly not as punishment in these cases); that even would only be for 8 months maximum including the trial and the appeal period counting from the notification of the crime as the matter relates to the committer of the crime and certainly it would not become punishment to his near-ones that certainly are not responsible to it; our traditions ask for strong ties within the family and Islam appreciates it. Note that all related to the Islamic Judicial System would take care that even the execution of the prescribed punishment pronounced at the final sentence, takes place before this imprisonment of 8 months ends; Al-Hamdu Lillah. The punishment for these cases would only be those which are specified by Islam in these cases if proved soundly. The jails would hold men only if appropriate, as punishment ordered by the Basic Court for 8 months maximum (whether the case at hand is of its A-Section or of its B-Section) from the notification; the trial and the appeal-period included. The treatment of the accused would be as "not guilty" without fail unless proven; certainly the punishment is not to commence before the verdict but if the verdict favors the imprisonment at jail, it would include the period of trial and the period of appeal of the accused. The testimony of women and children is not acceptable in HUDUD and QISAS & DIYAT but note well that the testimony of the raped woman will be accepted against the accused man and her check-up if necessary, would only strictly be conducted by women; note that this check-up is not to be counted as basis to the case but to be taken only as an ordinary secondary reasoning to it; note also that the case would not put any blame to the affected woman whether she is truthful in her accusation or whether proven a fibber in it.
Note that any case that relates to rape is a very delicate matter at the Islamic environment and note also that Islam designates ZINA as the filthiest sin that relates particularly to the sexual intercourse as it is in the normal sense; in contrast, other such wrongs that certainly are sexual in nature too and that certainly are filthy too, are treated as TA’ZIR as they are not the sexual act in the normal sense. So, the matter reported as of rape from a woman does not become a case for ZINA or QADHF at its onset and not even after that in this current era. At cases claimed as related to rape, the female side might not be as innocent as she claims to be yet she still is liable to care because of the respect she enjoys at the eastern traditions that Islam does respect, due to her weak gender. But caring for brevity at this paper, I, MSD, state that the notable thing here is that the case for rape would strictly be taken as of TA’ZIRAAT towards the man involved and not of HUDUD, while the female here would have no blame unless she has accused men more than twice; as such, her case would not be liable to admission to the court even though she would still not be charged of anything and in-fact, the administration would try to learn silently how much credibility her statement has. The Respectable Compatible QADHI would judge against admission of the case of rape if some specific woman brings that to him for the third time, as after she had made such charge couple of times at different occasions, it surely is better to consider her charge the third time as unacceptable; it only denotes her indecent boldness. Whenever the QADHI admits such case, it would be treated exceptionally where she is neither liable to provide any witnesses from her side nor liable to any punishment if proven a fibber (Basic Court’s A-Section Case) and as such, this case would remain to exception here; there had been such a case at the times of the Prophet PBUH where the woman, claimant to the charge of rape, proved wrong in her recognition of the responsible man yet she was asked respectfully by the Prophet PBUH to leave the relevant hearing as the actual wrong-doer confessed by his own; the Prophet PBUH sent her without any blame to her in any way whatsoever and she was not taken as liable to anything (Tirmidhi reports it). I, MSD, would not comment any more to this matter except that once admitted and that would only be as TA’ZIR, the man only would be loser even if he wins the case as there would be no verdict here against the woman; the matter has no feasibility to be taken to QADHF against the woman in this current era most certainly and so it would end uneventfully; let it become a matter relating to EHSAAN then, rather than ADL. If her charge does have substance and the Respectable Compatible QADHI does gather it well, he would provide the punishment as TA’ZIR to the responsible man and the case would still end without the woman getting anything positive except sadly a negativity to her name; the QADHI would give some corporal punishment to the accused man to be witnessed by the group of Muslim persons and harsh warning to him. However, it is feasible to care for the virtuous character of the accused person at all cases of TA’ZIRAAT and so the verdict would account for that as the accused person might not have such criminal tendency as to lead to this shameful act at normalcy; sometimes passions are aroused in the most indecent way even in the extremely good persons as such is attraction of the woman to the man. It certainly is much better that once the matter is settled by the good judgment of the good Respectable Compatible QADHI, everyone ignores the matter and cares for the prevalence of high moral values at the good environment that Islam does ask for; Al-Hamdu Lillah.
Please note this very important point here that we must try to bring the Islamic environment at that standard where there remains neither the need for professional lawyers at service to make or defend the case at court nor the need for the personnel that manage the recording and forwarding of the case at court as the accused himself would take-up the first task while the Respectable Compatible QADHI himself would tackle the second; Al-Hamdu Lillah; the present professional lawyers and the court-personnel as of now at-least shall not appear in cases of HUDUD Courts and ahead; everybody here defends himself/herself or gives evidence in his/her relevant case by own. The matter simply put, would certainly guide justice towards it more insha-Allah rather than put in complicated way; emphasis shall be to what is readily understandable and not for any twisted meanings. In other words, the written law would not obstruct justice and if it becomes hindrance to it, we must leave such erroneous law and care for justice; there also is no margin to base any case on professional witnesses according to Islam. All persons need to take care that heinous crimes are totally eliminated from the environment so that all Muslims live at ease with care to Islam; all persons shall especially care that intentional murder & rape do not present anywhere at this virtuous environment; the high presence of these two prove that there is some imprecision in the application of justice and that somewhat is a negative point to the Islamic administration. ADL, to manage the Administrative-Issue, to manage the Dealings in Finance, to keep the Islamic environment clean of all heinous crimes by the Legal framework, to keep it clean of all attacks of the dreadful enemy by JEHAD at necessity and to getting & applying the most basic education, would insha Allah provide justice here to all; with that insha-Allah, there would come the good inclination towards HEJAB that keeps all shameful attitudes away from the Islamic environment by EHSAAN in all relevant issues of life; Al-Hamdu Lillah.
Here, the Appeals Court would only remain as its name implies, the court for the appeal where an appeal is filed against a decision within a month of its occurrence at HUDUD Court, and it would only be single court for the whole country as we do have the court by the name of Supreme Court as of now; it would necessarily decide for the filed appeal within a month or so. It will hear appeals against HUDUD Courts' decisions in A or C cases; it might be authorized to hear appeals against Administrative decisions too asking the relevant Administrative institution to review its decision highlighting the areas where more concentration is yet needed. All Respectable Compatible QADHI, learned highly in Islam at the Appeals Court, would decide for these cases by caliber and present the respective verdicts without delay in a month’s time or so maximum. The verdict of HUDUD Court in the B-cases that actually are appeals to reconsider the verdict at the Basic Courts, would be final. Please note that though HUDUD Court would have the authority to ask for revision of decisions to the Basic Court, that for only once indicating the areas where concentration is yet needed, yet it shall have no authority to decide anything by itself on such appeal; the verdict of HUDUD Court in the B cases that actually shall be appeals against the verdicts given at the Basic Courts, shall be considered final in the sense that the appeal against the relevant verdict, once decided, shall not be liable to present again and that relevant verdict of the Basic Court shall either be revised by the Basic Court according to the direction of HUDUD Court getting to the final decision that shall not be liable to the second revision now, or shall either be implemented without change; the Respectable Compatible QADHI at the Basic Court that gave the verdict deciding it initially, would decide for it finally too. Similarly, the Appeals Court might reject the appeal presented to it keeping to the verdict of HUDUD Court or accept it, asking the relevant HUDUD Court to review its verdict, highlighting the areas where more concentration is yet needed; it is not authorized to revise the verdict of HUDUD Court on appeal by itself. The appeal would be registered right at the Appeals Court by the affected party himself/herself or through his/her appointed person. The Appeals Court would send the appeal back to the concerned HUDUD Court only once as after that the decision of the relevant HUDUD Court would be final even if it keeps the same previous verdict disregarding the highlights of the Appeals Court but with necessary respect for it; the courts would always show high respect to each other and no disrespect whatsoever. Abuse of power and administrative wrongs will go to the Basic Court certainly; the intensity of the case at TA’ZIRAAT does not make it liable to enter into the Court ahead and it is the appropriate channel where the case would go; Al-Hamdu Lillah. It is for the Islamic judge/s to consider how to deal with the presented case keeping strictly to his/their limits. The administration might file case against a civilian at the Basic Court if it finds that he is not paying his taxes fairly though it is better that they come to mutual understanding outside the court for such claims. Note that all necessary taxes would be paid by the persons at business or at service by their own good books of accounts because there would only be good trust among each other, at this virtuous Islamic environment; note also for any decision proven wrong by its revision at HUDUD Court when it is sent back with highlights due to appeal at the Appeals Court, HUDUD Court needs to provide some compensation by material benefits to the affected persons; Al-Hamdu Lillah.
Now, at the last of this discussion for the judicial system at the Islamic environment, I, MSD, would take some discussion about the two heinous crimes that are two very big sins according to Islam; these are ZINA (adultery, fornication) and QADHF (accusing someone wrongly of ZINA). Note that the Holy Book Quran asks for 100 lashes to those who commit the shameful crime of ZINA, in front of some gathering of Muslims and it specifies 80 lashes for the shameful crime of QADHF; both of these are mentioned at Surah NOOR, the 24th Surah. However, Ahadith make distinction between the unmarried and the married person, who commit the heinous crime of ZINA, as the first gets 100 lashes as the punishment to it and the second gets RAJM (stoning to death) as the punishment to the same respectively when the case stands proven. It is clear by Ahadith that the Prophet PBUH decided for RAJM in all cases where married persons were involved yet that occurred when the accused himself or herself confessed to it four times; he even asked to waive-off the punishment if the convicted to it reversed his confession; the punishment here does not hold where any doubt incurs to that confession or to the testimony that is given by any of the witnesses therein. Please note that this specific matter does ask for care to the impression of these current times in its practice. Though I, MSD, have regards but little to the man-made judicial current systems yet having said it, I would indicate again that without any regards to the man-made judicial current systems, this specific issue has yet to give regards to the impression of these current times. It is most notable that when the Muslims intend to live totally upon Islam collectively with total attention towards Allah, the true Lord, the Islamic commands have the beautiful impression to bring issues at hand to their own manner of living; yet there are few issues at these current times, that certainly do need HIKMAT (wisdom to bring Islamic commands into practice). This certainly is delicate task not to be taken except for two or three issues that do necessarily ask for such consideration as of now and even then only by persons together that do have the IJTIHADI strength to that caliber at this given time and place. For the clarification to this, I, MSD, would point out that we Muslims shall not initiate JEHAD (QITAL) at present times though strictly by the KITAB and the SUNNAH, it is well even to initiate it whenever the Islamic administration finds that necessary. However, we Muslims do have to fight with caliber whenever we are initially challenged by the enemy of Islam but now initiation of it any-time from our side is not feasible according to the Islamic teachings as it does have the very high potential to injustice; it might lead to killing of many innocent people without intention; that asks care to HIKMAT for the practice of QITAL. Also, if good Muslims leave MURTAD (the apostate who leaves Islam) on his own, when he remains passive in his attitude and does not challenge Islam actively in these current times, they certainly are not blamable; however, the active MURTAD, who abuses Islam after leaving it and rebels against Islam, he certainly is liable to HADD for which the Islamic administration would certainly punish him; Al-Hamdu Lillah. Keeping to this, the Islamic Judicial System would apply corporal punishment only to ZINA to all criminals, whether married or unmarried, who had fallen into this heinous crime at these current times; it is the punishment mentioned at the Holy Book Quran and it would at-least keep this matter, even if considered at lesser degree than required, to the Islamic justice insha-Allah; this would remain without any disrespect to the ruling of RAJM to the married persons. Note that the Prophet PBUH mentioned words near to the effect when he first applied RAJM that was implemented to YAHUDI couple, that he is applying this RAJM as revival to the relevant command of Allah. So we need to take 100 lashes to such wrong persons if it brings Islamic touch to the judicial system whereas we have found ourselves unable to apply it in essence anywhere since much long time; let us then reserve the verdict of the Capital Punishment at QISAS only where asked for, or at the brutal robbery & armed mutiny (and it might be extended to kidnapping of weak persons as it also is form of mutiny against the Islamic state). Though ZINA is included in the highest of sins yet we need to eradicate it from the Islamic environment only by the guidance that the Quran has asked to it, in these current times, rather than by giving any other punishment to it without any disrespect to RAJM; the Holy Book Quran points out in BANI-ISRAEL about it that it is indeed the worst of immoral paths to tread upon; may Allah save all true Muslims from it; Al-Hamdu Lillah. Without any challenge to authentic Ahadith in any way whatsoever, as this remains out of consideration for the true Muslim, we would still meet this object to clarify its extreme immorality by providing the 100 lashes to him who confesses to it upon his own self four times at different occasions without any undue pressure. With that in addition, we would make constant TABLIGH towards the negative status of adultery & fornication at AKHIRAT, if the committer of such wrong does not seek the mercy of Allah; this insha-Allah is in total compliance to asking of Ahadith and most appropriate to revive the Islamic practice at the judicial system at these current times; Al-Hamdu Lillah. It needs that we Muslims work insistently in collective way so as to seek the final practical answer to some issues that need address fast and clear today, keeping to Islam. Although it needs very high balanced attitude in these current times to practice the Islamic commands at the collective level, yet the task is still manageable; Al-Hamdu Lillah. We have to try our best joining hands together to initiate the practice of Islam at the collective level in these current times and that does need few necessary adjustments on the basis of HIKMAT; the true belief upon Islam and the right intention to good tasks remaining most attentive to Allah only, is most necessary; Al-Hamdu Lillah.
Note that the two among HUDUD that are ZINA and QADHF, ask for four eye-witnesses and those witnesses must have angelic character; that is highly difficult in these times when even at the time of the Prophet PBUH, the persons who did receive the punishment in HADD in the cases of ZINA were those only who confessed to it four times themselves. But we need to provide for the specific punishments to these two that is 100 lashes at ZINA and 80 lashes at QADHF when they stand proven; however, even if they could not remain at HADD, then also we do have to provide something near to it respectively to these dreadful crimes that are heinous filthy sins too. Note that we Muslims must certainly not take the Capital Punishment or amputation of any part at any TA’ZIR whatsoever and in fact, the Respectable Compatible QADHI must try his best to keep three HUDUD other than these two mentioned here, to HUDUD only unless totally impossible due to some worthy doubt therein. These two, ZINA and QADHF, not only go together but they both are heinous filthy sins and they shall never be present at the Islamic environment; there must not even be the provision of the official statistics to these two heinous sins at the Islamic environment or of the specific introductory information of persons that are involved in these two; with all freedom of expression, this would still be banned in general in the best way possible in the best interest of the Islamic environment, even at the social and the electronic media (see Surah NOOR-19). But those who are related to the Islamic Judicial System, shall remain aware of the official statistics relating to cases of ZINA (or to the TA’ZIR it converts to) to take necessary steps to eliminate such crimes from the Islamic environment without fail; the Islamic administration must keep the persons that get the punishment at ZINA (or at TA’ZIR it converts to) under observation though it must not let that observation cause hindrance to their normal lawful living. On the basis of need, it is necessary that even when ZINA does not remain to HADD due to extreme high demand towards the character of four eyewitnesses or due to their unavailability in total number required, it would still be dealt with harshly by 39 lashes as TA’ZIR, coming to that designation by substantial circumstantial evidence plus the required availability of four truthful eye-witnesses (not in the most strict sense here at TA’ZIR though they might be referred to as such due to their timely presence at the site of the crime clearly getting the identification of the wrong-doer); the modern electronic gadgets might provide some good information to take here in addition to substantial circumstantial evidence. As for punishment, some of lashes here would remain highly stern for sure, with a reasonable whip that is yet manageable by the sentenced person to it; there would be some Muslim audience to it necessarily and it would be clear to all that this heinous crime does lead to terrible chastisement. As for the HADD of QADHF, note that if the man puts such blame upon his wife, the procedure to take is called LI’AN that might be asked at the A-Section of the Basic Court and it is mentioned at Surah-NOOR, the good authentic TAFSIR of which shall clearly provide the detail to it. As for the general application of QADHF, note that this would only be designated as HADD when it fulfils two conditions as of now; one of them is that it would fall upon the witnesses that prove fibbers in the case of ZINA when they could not prove it even as TA’ZIR and the second of them is that the case they lost was put against such woman who was never ever mentioned for any such shameful wrong; note that the claim of a woman against some man that designates him as involved in ZINA with any other woman, would not be liable to admittance in the HADD of QADHF. Note also that QADHF is totally related to the accusation of ZINA so it would not be admitted as a separate case; it would automatically become the case relevant to QADHF at HUDUD Court when its two necessary conditions take place. This implies that cases relating to ZINA that are not proven, would not be taken to QADHF (or actually relevant to QADHF) unless they fall against a woman never ever mentioned for any such shameful wrong; the cases admitted as relevant to QADHF at HUDUD Court would ask for 33 lashes each, as warning if that wrong is proved, to such boldness of men against the reputable woman; there would be some Muslim audience to the punishment necessarily; Al-Hamdu Lillah. This detail tells that once the case is registered as the HADD of ZINA at HUDUD Court, it would certainly ask for punishment of either 39 lashes or either 33 lashes according to verdict of the case specifically towards those that are responsible when it converts to TA’ZIR. May Allah give us TOFIQ to understand Islam to extent to put it into practice at the collective level in all issues of concern at current times with total attention towards Allah, the true Lord; Al-Hamdu Lillah.
POINTS TO NOTE (The Legal-Issue at ADL)
Al-Hamdu Lillah
(67) The Islamic administration shall see that the concept spreads well about the Islamic Judicial System where the punishments serve as deterrents to the crimes/sins, that Islam establishes it to maintain total peace so that the Muslims are at ease to do virtuous tasks for AKHIRAT; Al-Hamdu Lillah.
(68) The Islamic administration shall base its criminal code of law by specifying all the crimes to three categories; these are HUDUD (that comprise of theft, armed highway robbery that includes armed-mutiny, drinking of wine, ZINA and QADHF), QISAS & DIYAT (that comprise of murder and inflicting wounds by battering of high nature and as such, is directly related to injustice) and TA’ZIRAAT (that are other than these two categories of crimes).
(69) The Islamic administration shall provide three specific types of Courts for the Islamic Judicial System that shall be the Basic Courts (for TA’ZIRAAT and all matters relating to Judicial Aspect that are other than HUDUD and QISAS & DIYAT), HUDUD Courts (mainly for HUDUD and QISAS & DIYAT) and the Appeals Court; the last two mentioned courts shall not present as lower or higher but they shall be complementary to each other in all ways related to their assigned tasks.
(70) In the Islamic Judiciary System, there shall be no punishment of imprisonment in HUDUD and QISAS & DIYAT except for the 8 months of custody at the jail if necessary in which the QADHI shall decide the case in total with the period of Appeal included; this period shall be counted from the first official notification of the case. The women and children shall not be arrested or imprisoned for anything whatsoever.
(71) In the Islamic Judiciary System, the Respectable Compatible QADHI might provide the sentence to imprisonment in case for TA’ZIR, maximum for eight months counting from the first official notification of such case, with the period of the trial and of the appeal included; imprisonment for any accused person shall not extend beyond 8 months in total continuously.
(72) The Islamic Judicial System shall put the armed highway robbers & such armed force that takes-up mutiny and such wrong persons that kidnap women & children, to death without any mercy or they shall be crucified or one of their hands and one of their legs (opposite sides) shall be cut or as minimum of the punishment, the Islamic Judicial System shall punish them by exile so that they leave the Islamic environment in the best interest of that environment.
(73) The QADHI shall decide the designation of the Brutal-Dacoits & the Mutineers, with the assistance of two competent eligible eye-witnesses to their wrong-doing; he would keep to the guidance provided by the Islamic administration in his verdict based on the KITAB and the SUNNAH.
(74) The eye-witnesses in armed highway robbery, in theft and in drinking of wine shall be those that the Respectable Compatible QADHI designates as competent & eligible; for that competence and eligibility, they shall be Muslim Men that are Adult, Sane, caring to avoid all big sins and not putting emphasis on the petty sins, caring to avoid such attitude that degrades them among the people in general; they shall have seen the commitment of the criminal act to which they provide their witness (SHAHADAH) though not necessarily with such high observation in detail as the other two of HUDUD that are ZINA and QADHF ask for, having good eye-sight and good memory, and their evidence being complementary to each other in the meaning; their testimony shall become more authentic with the presence of the substantial circumstantial evidence against the accused person in the crime, especially if it is based on the modern electronic gadgets to which the Respectable Compatible QADHI shall give the due weight.
(75) The Islamic Judicial System shall decide to cut-off the fingers (excluding the thumb) of the male thief and the female thief in the case that is proven against them; the thief shall be adult, sane and in full control of his/her senses; the case is in HADD when that is for burglary of great valuables not less in value than the NISAB of ZAKAH; it shall not have been committed because of hunger or any basic human necessity.
(76) The consideration for theft includes that the thing/s taken by the accused person shall be at reasonably protected place without any claim of ownership of the accused person to it and its ownership shall not be vague in any way; it shall not be in any kind of ownership of any of his house-mates (that includes his guests or where he himself is a guest) or of any of his close relatives and there shall be no doubt in the case whatsoever that the thing/s taken relate clearly to theft according to the recognition of the term at the given environment; there shall be no doubt that the person accused of theft is certainly the one that is tried for it; this implies that the person shall be accused clearly for theft by the recognized owner of the thing he has taken by theft, while that owner shall present two male competent eligible eye-witnesses of the caliber as mentioned in the point-74 to his accusation of theft; the benefit of doubt shall go to the accused person as in all cases that are in HUDUD; the QADHI shall realize the person as thief at his pronounced sentence if the accused person provides his/her own admission twice at-least, without any undue pressure at two different occasions, to the crime.
(77) The Islamic Judicial System shall decide against that punished thief who commits theft the second time and the case is proved well with all its necessary conditions, to cut-off his/her same hand that is the right one and that is without any fingers now, from the wrist. If theft is proven against him with all its necessary conditions the third time, then there shall be provision of TA’ZIR now to such exceptional unyielding negative character that shall not extend to cutting of any part of the body.
(78) The Islamic Judicial System shall punish the intake of any such drink that is viscous made from Dates or Grapes or even Raisins that actually is dried-grapes which causes the drinker to lose his senses in the given environment, if taken in high quantity; if that mentioned viscous drink is recognized well as wine to the drinker and though it has been taken in small quantity yet in general recognition, it is still relevant to drinking then such a person shall be taken as drunkard. The Respectable Compatible QADHI shall punish him by 40 lashes in public when the wrong is proved by two competent eligible witnesses; the confession of the crime twice to drinking of wine of such nature without any undue pressure on him whatsoever and at two different occasions, shall also prove the case against him and so the Respectable Compatible QADHI shall punish him by 40 Lashes in public.
(79) The Islamic Judicial System shall see that if something is generally recognized as wine though made from some other thing than dates, grapes or/and raisins and it might be vicious or not, yet causes the drunken state to the offender that has taken it then at such event, that also passes for the case of this HADD; the substantial circumstantial evidence and the modern electronic means shall be counted here though secondary with the provision of the necessary competent eligible witnesses. The QADHI shall provide the obligatory punishment of 40 lashes here and he might ask to provide that in installment and he might ask that the extremely weak person shall be punished once only by forty powerful straws bound well together; the punishment shall remain the same without care to how many times the accused has got the punishment in this crime though it is better that the Islamic administration does specify the number of times to take it as HADD for the person given to drinking of wine, in clear terms.
(80) The Islamic Judicial System shall see that when the drinking of wine is proved against a woman, she shall receive 40 Lashes by the lady-executioner at private quarters though in front of some Muslim women as audience to it, with total leniency all-over the back in installments with her total clothes on, though that must not disallow the necessary effect of the punishment to reach her; the QADHI shall see that any corporal punishment shall not be executed during her pregnancy or when she has a child incapable to eat by itself.
(81) In the Islamic Judicial System, no accused person shall be imprisoned for more than 8 months continuously even if the cases are more than one against him; all cases presented at HUDUD Courts shall be decided within four months maximum from its notification that includes the total trial period at HUDUD Court; the sentenced person might register the appeal against the sentence at the Appeals Court within a month of it and the Appeals Court has to decide for it within a month of that registered appeal; it has no authority to revise the verdict of HUDUD Court but it might ask HUDUD Court to revise it; HUDUD Court shall finally revise it or keep to its previously given decision on it within twenty days and the execution of it shall be within forty days to the final verdict at HUDUD Courts; the total period between the official notification of the crime and the execution to it remaining to the total of eight months maximum.
(82) In the Islamic Judicial System, QISAS means life against life or wound of the same nature to the wrong-doer; the kinds of Murder are Intentional, Accidental and Causal and QISAS is to be related to the first of these only if asked by all heirs of the murdered person; the wounds, intentional or unintentional, also shall not ask for QISAS but they shall be compensated well by DIYAT, a huge amount taken against it; the heirs of the affected person in the case relating to the intentional murder shall have the right to pardon the murderer and instead, take DIYAT from him; even if only one of these heirs agrees to DIYAT, the murderer shall not be killed in QISAS and others of heirs shall also receive their respective shares in the DIYAT too; the heirs shall take DIYAT on behalf of the criminal from his AAQILAH by their acceptance to it and this term AAQILAH means his generally accepted supporters due to the close links of the wrong-doer to them; he might be pardoned totally without asking of anything from him if the affected side, that are the heirs to the murdered person, so wills as this matter remains to both the affected sides and does not become a direct offensive case to deal with, for the Islamic administration; the matter shall still proceed to the court of law where the Respectable Compatible QADHI shall pronounce the relevant official verdict for the cases relating even to QISAS & DIYAT as he is liable to the task of its pronouncement and not any of the affected persons.
(83) In the Islamic Judicial System, four of the relevant rulings apply to murder that are QISAS, DIYAT, KAFFARAH, ITHM; the intentional murder asks the ruling for QISAS or DIYAT; there is no KAFFARAH here though it certainly is an ITHM (one of the major sins); if the murdered person is someone to whom the murderer is an heir, the QADHI shall also note that the commitment of such intentional murder is stoppage to him from getting his due share in the property of the murdered person.
(84) In the unintentional murder, the ruling shall be DIYAT plus KAFFARAH though due to the absence of intention, it shall not be taken as ITHM; here, QISAS shall not apply whereas the ruling in the Causal murder shall be the payment of DIYAT only without relating to any other of rulings here; Al-Hamdu Lillah.
(85) In cases relating to murder by intention at the Islamic Judicial System, it shall be allowed to heirs to demand any reasonable DIYAT from the wrong-doer yet it shall conform to the good traditions of the environment; it is better if it does not extend beyond the DIYAT that is asked for the accidental murder that is the amount of 10000 DIRHAM; this mentioned amount comes near to the highly cautious amount of 30630 grams of silver as of now at the market. The amount of DIYAT shall be paid within three years to the heirs with assistance of the supporters (AAQILAH) of the murderer.
(86) In the Islamic Judicial System, the Islamic administration with the co-operation of the Appeals Court shall try to avoid the chastisement that relates to imprisonment of the accused men; women and children shall not be imprisoned for anything. The Islamic administration shall specify the number of times an accused person might be imprisoned and it shall specify the necessary period of gap between his two confinements; as rule in this issue, the Islamic environment shall discourage imprisonment of the accused person at the Islamic environment and the accused person shall be taken as “not guilty unless proven”.
(87) In the Islamic Judicial System, the courts at the Islamic environment shall work by the respective names of the Basic Courts, HUDUD Courts and the Appeals Court. Basic Courts are to be divided into two sections - A & B – that respectively shall deal with TA’ZIRAAT at the A-Section (except finance; that shall also include all wrongs that a man commits against a woman and vice-versa when it is not at HADD or/and QISAS & DIYAT) and with all other cases of TA’ZIRAAT at the B-Section than whatever goes to the A-Section, specially the financial cases and the cases relating to the Land & Property and all those that relate to corruption of the officials.
(88) In TA’ZIRAAT at the Islamic Judicial System, the punishment shall necessarily remain lesser here than what is pronounced at HUDUD and QISAS & DIYAT; this counts well even for the converted TA’ZIRAAT that were filed initially as the cases at HUDUD. There shall be no capital punishment and no amputation of any part of the body here; the punishment here shall mostly relate to monetary fines or/and to corporal punishment but lesser in lashes than HUDUD; imprisonment here shall only be pronounced for eight months maximum and that shall include the Trial-Period and also the Appeal-Period, counting from the first official registered notification of the wrong-doing; the punished ones at TA’ZIRAAT shall not be mentioned or/and taken as criminals; this specific term shall remain reserved for the punished at HUDUD and QISAS & DIYAT.
(89) In the Islamic Judicial System, the Islamic administration with the co-operation of the Appeals Court, shall try to eliminate the need of professional advocates at HUDUD Courts and the Appeals Court; with the co-operation of the Appeals Court, it shall also try to eliminate the need of all such personnel that might relate to recording and forwarding of the case to HUDUD Courts and the Appeals Court; the Islamic administration shall make sure that the Respectable Compatible QADHI at any of these two categories of the court, has the authority to manage even the recording of the case and even to its presentation to his court with the aid of the most trustworthy persons under his direct authority that are compatible and honest to their task; these mentioned persons shall work under his direct authority with the understanding of the true worth of the common man and shall know the practical Islamic values to take-up actively rather than just talk about them.
(90) In the Islamic Judicial System, there shall be no torture to exhort the confession of any crime relating to any category for any reason whatsoever. Also, in the Islamic Judicial System, the testimony of the person punished in HADD or/and QISAS & DIYAT shall be unacceptable at any of the three categories of courts here; the testimony of the person punished in such TA’ZIRAAT twice that have been converted to that from HADD, shall also be invalid at any of these courts.
(91) In the Islamic Judicial System, when the charge against a woman is established and the court gives its decision, she shall be given the assigned punishment yet with care to her respect as a woman; she shall not be arrested or jailed; she shall not be interrogated by the male police during the process of investigation but only by the female officials at the Police and that interrogation shall not be in absence of her close relatives; any matter relating to the necessary Judicial Process shall care about the respect she enjoys as a woman.
(92) In the Islamic Judicial System, HUDUD Courts shall have three sections A & B & C. The A-Section shall remain for HUDUD cases and this term includes 5 great sins which have among them ZINA (that means adultery, fornication) & accusing someone of ZINA (that is termed as QADHF), the B-Section for appeals against the Basic Court's decisions; the C-Section at these HUDUD Courts shall be for QISAS & DIYAT. The Appeals Court shall remain to its name and that implies that it shall remain the court for the appeal where an appeal can be filed against a verdict given at HUDUD Courts within a month of its pronouncement there and it shall only be a single court for the whole country; the Appeals Court shall necessarily decide in the filed appeal within a month. It shall hear the appeals against HUDUD Courts' decisions that it has provided at its A-Section cases or its C-Section cases; it shall only be liable to ask review highlighting the areas of concern at the decision of HUDUD Courts; it might be authorized to hear appeals against administrative decisions too and as such, it might ask if necessary, the relevant Administrative Institution to review its decision under observation, highlighting the areas where more concentration is yet needed.
(93) The QADHI shall be an adult Muslim man who is AQIL (Sane) and ADIL (Just; clear of major sins); he shall have the authority to pronounce his verdict without any pressure upon him after hearing all relevant persons involved in the case and keeping in view all related aspects to it; he shall be able to impose that verdict with ease. He shall have the knowledge of Islam to height and shall be attentive to Allah with care to righteousness in all whatever he does. He shall never hear the case or/and never pronounce his verdict at anger, frustration or any such emotion that might lead him to give-in to some hope or to some fear as that might cause him to decide the case erroneously; he shall not decide for any case even when at extreme hunger or at extreme thirst for the same reason.
(94) In the Islamic Judicial System, there are three levels to witnesses; for the cases of ZINA (adultery, fornication) and QADHF (accusing someone of ZINA), there would be four competent appropriate honest compatible eligible Muslim Male witnesses, all of them shall be such Eye-Witnesses that have seen the crime in most obvious pattern for their plain judgment of the crime with clarity in high detail. The second level to them is for other of HUDUD in which also there shall be two competent eligible Muslim Male Eye-Witnesses not necessarily such observant of detail as in HUDUD of ZINA and QADHF; this level shall also apply to QISAS & DIYAT; the testimony of women in the cases related to HUDUD and QISAS & DIYAT is invalid though admission of the wrong-doers by themselves with total clarity and without any undue pressure, four times at different occasions for ZINA or twice at different occasions for theft and the drinking of wine, shall make an effective case against those respective wrong-doers; HUDUD Courts shall hear and finally decide all cases of QISAS & DIYAT and all cases of HUDUD; if any HADD changes to TA’ZIR, it shall still proceed on at HUDUD Court and there, the relevant QADHI shall decide it finally.
(95) In the Islamic Judicial System, the third level of witnesses relate to cases of TA’ZIRAAT; these specially pertain to cases relating to wealth & property, to matrimonial issues and to laws that the Islamic administration has made for its smooth governance. These cases shall also ask for two Muslim male competent eligible witnesses yet one of them might be substituted by two of Muslim female competent eligible witnesses here. In TA’ZIRAAT, it shall be feasible even to take-up the substantial circumstantial evidence and the assistance of modern gadgets as very high evidence to prove case against the accused person or otherwise yet only when the two of the Muslim competent eligible witnesses are available as the primary asking here. The testimony of the Muslim competent eligible female witnesses specifically without any male witnesses, shall have acceptance in the specific matters of women in TA’ZIRAAT as for instance, in the child-birth.
(96) In the Islamic Judicial System, ZINA when proven soundly with its necessary conditions against the accused, shall be punished by 100 unforgiving lashes; QADHF when proven soundly with its necessary conditions against the accused, shall be punished by 80 lashes; the Respectable Compatible QADHI may allow the execution of lashes at any of these extreme wrongs, at installment. If the witness to any of these is not sufficient in quality or quantity according to the asking of the Islamic Judicial System but the substantial circumstantial evidence or/and the substantial good deduction of facts with the assistance of the modern electronic gadgets do indicate their occurrence, the Respectable Compatible QADHI shall not abandon the issue but change it to such TA’ZIR that shall ask the relevant punishment to ZINA in high similarity to its basic respective punishment that is corporal in nature; if ZINA is not proved even as TA’ZIR, then it would become the case of QADHF when such woman is accused who is reputable in general; the corporal punishment shall comprise of 39 harsh lashes in public in the substituted TA’ZIR of ZINA and when the case is not proved and the accusation was directed to some reputable woman, then the corporal punishment shall comprise of 33 moderate lashes in public to witnesses by charge of QADHF, as the QADHI proclaims them as fibbers.
(97) The Islamic administration shall try to the utmost capacity to make constant TABLIGH towards the highly negative status of the filthy sin of ZINA at AKHIRAT if the committer of the wrong does not seek the mercy of Allah, remaining always to the good morality that Islam asks of him/her then. The Islamic administration shall monitor such persons in the best possible way that have been provided the punishment in cases to ZINA and it shall ban all such means that might ask any leaning towards this extremely heinous sin in the best possible way at the social media and the electronic media in accordance to Surah NOOR-19.
(98) The Respectable Compatible QADHI shall try his best not to substitute the other three of HUDUD with TA’ZIRAAT that are besides ZINA and QADHF. These three of HUDUD shall be decided as HUDUD only unless extreme doubts therein lead them to TA’ZIRAAT ultimately; the QADHI shall punish the accused according to the relevant TA’ZIRAAT in order yet any case that relates to HUDUD including ZINA and QADHF and it has been admitted as HUDUD here, shall remain at HUDUD Court where it came initially even if converts to TA’ZIR and even then, an appeal to it might also be registered at the Appeals Court.
(99) In the Islamic Judicial System, it is inevitable as of now that the testimony of the raped woman is admitted against the man she accuses relating to such TA’ZIR where the matter is specifically related to the woman. The case of such female claimant shall be admitted at the A-Section of the Basic Court as it shall be designated as related to TA’ZIR; there shall never be any blame to the affected woman in this case of TA’ZIR even if she is found a fibber at this case for which this case shall be closed uneventfully without any charge to her; she shall not be asked witnesses and on the contrary, her fib shall need to be proven against her by the two eye-witnesses that might be achieved with little trouble if she does have a bad reputation. The substantial circumstantial evidence and reasoning by modern electronic gadgets shall be accepted here at ease in favor of the accused man due to its designation as TA’ZIRAAT but with the couple of necessary competent eligible witnesses. Even if the man clears the charge upon his person, he shall not be liable to claim QADHF against the woman in this matter; it is better on his behalf to forget the matter then and there, with the case settled in his favor, after its closure at the Basic Court.
Al-Hamdu Lillah
Continued at Part-4
Muhammad Saleem Dada
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www.m-saleemdada.com/
PART-3
The LEGAL-ISSUE
At the very onset of the discussion at the Legal-Issue at the Islamic environment, I would point out that whatever Allah has commanded as law to us all is ADL; that truly is Justice. Whatever constitutions of law that the people have made by their own thoughts, with emphasis on the adopted morality taking the man as an animal and taking secularism to affect the environment, that might be termed as the law by such people themselves in some capacity yet it certainly does not represent Justice; only the word of Allah truly is Justice; Al-Hamdu Lillah. Strange it is that we find people disregarding the commands of Allah by the name of secularism that asks according to them for freedom of thought; then they decide whatever they decide taking the man as an animal without getting the fact that even glares them at face by this attitude that their asking for freedom of thought has led them ultimately to the slavery of their animal desires; this attitude would ultimately lead them to total confusion in all affairs; may Allah save all Muslims from all such confusion; Al-Hamdu Lillah. Note that ADL in Islam, or in other words the true Justice, is that value in the Islamic environment that makes sure that there remains total safety to the true belief upon Islam, Life, Sanity, Continuity-of-Life, Property; now that value must show without any sign of groundless fear to anyone who lives in that environment, as only the Truth is the basis to that environment; now that value must provide ease here at the practice of Islam. Here at this discussion of the Legal-Issue, I, MSD, would take-up the system of Justice that Islam asks to manifest at the Islamic environment to keep it free of all evil of crimes; Al-Hamdu Lillah. Please note that I, MSD, provide the following account to elucidate Justice as Islam takes it to the best of my knowledge and for that, I would take-up the code of the Criminal Law that Islam establishes to maintain peace at this environment; it is so that the Muslims feel at ease to do virtuous tasks for making of their AKHIRAT, the true life ahead, as the success there actually is the only true success; Al-Hamdu Lillah.
There are three categories to crimes according to the Islamic teachings; these are named under the headings of HUDUD (that relate to five very high wrongs/crimes whereas two of them directly relate to answering shameful attitudes), QISAS & DIYAT (that relate to murder and inflicting wounds of high nature so it directly relates to answering injustice) and TA’ZIR (that are other than these two). Although both men and women must take care to refrain from injustice and shameful deeds yet as much of injustice is initiated by uncaring men abusing the power of their official status as of now mostly, they are more liable to take care that they avoid injustice totally. Note also that as much of the shameful attitude is initiated by uncaring women attracting men by adornment of their beauty without HEJAB while leaving homes necessarily or unnecessarily, they are more liable to take care that they avoid such shameful attitude that might lead to shameful deeds. Note that HUDUD comprises of two things that are grave shameful acts plus two things that are high forms of injustice; the fifth one in them is the drinking of wine that has one aspect to injustice and the other to shameful attitude. These five are named as HUDUD and the two shameful sins among them are adultery (and fornication is included here) and abusing someone unjustly of adultery; the third that is the drinking of wine has very high potential to lead to both injustice and shameful attitude while the other two than these three are highway robbery that also includes armed mutiny against such Islamic state that has its basis strictly on the KITAB and the SUNNAH; and theft. Note that QISAS means life against life or wound of the same nature to the wrong-doer. However, it is allowed for heirs of the affected person in case of murder or for the affected person himself in case of wounds to take an amount of money against that infliction from the wrong-doer (that is called DIYAT and though in case of wounds the term ARSH is also used, I would take the term DIYAT only for all monetary compensations in matters of QISAS); he might be pardoned if the affected party so wills as this matter remains to the affected sides and does not become a direct case to pursue for the Islamic administration. Besides HUDUD and QISAS & DIYAT, the third category of crimes are called TA’ZIRAAT and those are the laws of the land that the Islamic state enforces in the society for the sake of peace and order as to run all matters of life in smooth way keeping to Islam. For TA’ZIRAAT, the best to say is that it depends on the understanding of the Islamic administration how to make and implement such laws keeping to Islam that they do not challenge the convenience in the living manner of the common man; having said this, please note that there are some necessary rules to care for TA’ZIRAAT so as to keep it to Islamic values in the scenario we face today and towards that, I would come later-on insha-Allah. In cases of those couple of HUDUD that are the most high shameful acts, where these case do not fulfill the criteria of the required SHAHADA (witness) that is highly strict by Islam here or if there arises some doubt to the commitment of the crime, the case has to be tried for TA’ZIR and not HADD (singular of HUDUD); the other three might also be converted to TA’ZIR due to high doubts therein yet the Respectable Compatible QADHI must go to his utmost capability to see that these three remain to HUDUD and punished accordingly. Taking these three other of HUDUD that are brutal robbery (this includes the ruthless robbery at highways and main routes and also apostasy by a Muslim person when he becomes active in abusing Islam or/and the last Prophet Muhammad PBUH; it also includes the armed mutiny against the Islamic state that has its basis strictly on the KITAB and the SUNNAH) and theft and drinking of wine; let us see the relevant designation, the punishment and the execution of punishment to each of these.
The brutal dacoits (and even the persons that revolt against the Islamic state challenging it by deadly weaponry) are those that with boldness challenge people and commit crimes taking away belongings of the people by force; clearly, they all have the cruel attitude in extreme that relates to “Might is Right” according to the witnesses and according to all evidence presented at the court; as such, even the kidnapping of weak persons might be included here. As punishment, they would be killed without any mercy or would be crucified or one of their hands and one of their legs (opposite sides) would be cut or they would be ordered exile so they would leave the land. The Respectable Compatible QADHI (the good Muslim Judge, respectable due to his honesty and compatible due to his good capability to manage affairs that matches the asking of his post) would take any of these that he finds appropriate in the given case; the matter would be satisfied at the minimum of punishment taking the last of them only where the Respectable Compatible QADHI deems fit; Al-Hamdu Lillah. Taking any of these four punishments to this heinous crime is described in SURAH-MA’EDAH-33; when the verdict is for the Capital Punishment, the execution of it would either be applied by sword chopping-off the head of such evil men or by bullets; note that Islam does not appreciate hanging in execution of the Capital Punishment though at times, it may bear it even as an option.
Also, in this very SURAH that is MA’EDAH, we read that the punishment of the male burglar and the female burglar is to cut the (right) hand but note here that he/she would be adult, sane and in full control of his/her senses (MA’EDAH-38). The case would come to HADD when that is for burglary of great valuables that is taken as not less in value than ten DIRHAMS that was the silver in currency at that time; but the mentioned amount is extremely meager by the standard of current times and for practical purpose, this amount is better to take as equivalent to the NISAB of ZAKAH by gold as of now; there certainly is some space for IJMA’ upon this in these most trying times. Such IJMA’ would not challenge the asking of the relevant Hadith that relates to the amount to designate the crime as theft as there are certainly other Ahadith to the effect that the hand of the thief is not to be cut because of meager amounts; so ‘URF does count here. At very few of Ahadith, there is some space where we have the option to see to their asking rather than words due to the genuine change in the situation around, keeping strictly to the Islamic principles but it does require that the prominent ULAMA discuss the matter and decide for this asking, by significant number; without their ruling about it significantly, the change in previous ruling would not take effect. Having said this, I, MSD, would still mark my point by asking to note that it would be in accordance to the authentic Hadith that asks us to save Muslims convicted in matters relating to the punishments of HUDUD where some high doubts do find place in genuine sense; the FIQH does note that there is some difference in the relevant amount to theft though all accepted relevant amounts there are extremely meager in terms of today. The QADHI shall take the assistance of substantial circumstantial evidence or/and modern electronic means as secondary reasoning when the two competent eligible eye-witnesses are available to it that have seen the thief committing the crime in such status that is telling of his criminal doing; these eye-witnesses would be Muslims that are adult, sane, caring to avoid all big sins and not putting emphasis on petty sins, caring to avoid such attitude that degrades them among the people in general and they must have seen the criminal act though not necessarily with such high observation in detail as the other two of HUDUD that are ZINA and QADHF ask for, they must have good eye-sight and also have good memory and each of them gives evidence that is complementary to the other in the meaning; their testimony would be highly acceptable with substantial circumstantial evidence or/and modern electronic means indicating well the responsible person; note for the adjectives to the eye-witnesses that “competent” here means “they fulfill the criteria that the Islamic stance asks of the witnesses here according to the Respectable Compatible QADHI” and “eligible” here means that “they have eligibility to provide their witness at the specified case due to their timely presence at the scene of the crime where they have observed that being committed”. Note that in addition, the theft must not have been committed because of hunger and thirst or any genuine basic human necessity; the other considerations include that the thing/s taken would be at reasonably protected place, it must not have any claim of ownership of the thief to it in any way (so taking something from the Government treasury or any such institution where he has a say, even if slight and that only in theory, is not burglary in strict terms being a citizen though it might be termed as something near to forgery or bad handling of finances, but that would go to TA’ZIR and not to HADD), it would not be in any kind of ownership of any of his house mates (that also includes his guests or where he himself is a guest) or of any of his close relatives and there would be no doubt about the theft or about the man accused as the thief; the owner who asks for his punishment at court must have two male competent eligible witnesses to his accusation of theft whereas the theft is done in silence; this implies that the benefit of any notable doubt about the theft or/and the thief would go to the accused person and he would become liable to acquittal unless something in it asks to divert it to TA’ZIR. The QADHI would not punish him in matters where he has taken the Quran belonging to someone without his permission even if he is capable to recite it only without getting its message; also, he would not punish him where he is charged of taking books of knowledge. The punishment to the person proven a thief by two witnesses or by his own admission twice at-least at different occasions, is to cut his/her hand as commanded in the Holy Book Quran in SURAH-MA’EDAH; note that according to FIQH, one hand that is the right hand would be cut from the wrist while according to it for the theft the second time, the left foot would be cut; for the third time, there would be no cutting of any part and here also TA’ZIR would be applied. With total respect to FIQH, I, MSD, would point-out that the Holy Book Quran has pointed out to cut the hand only of the thief and with acceptance that the thief is liable to commit the wrong the second time, it is not feasible to take anything other than prescribed here; the narrations at Ahadith in this matter, are not at such authenticity as to consider acceptable; note also that the Holy Book Quran tells this as the punishment for the male who is thief and for the female who is thief; it does not designate it as the punishment of “theft” according to the usage of terms here in strict sense (see MA’EDAH-38, noting specially the usage of these terms here); please note that the words of the Holy Book Quran do matter a lot too. With total respect then, I would remark that if the person commits theft for the first time, the four of fingers (and not the thumb) would be cut of the right hand of that thief; if the punished person commits theft the second time proving well that he/she is a confirmed thief, then that very hand, the right one that is now without fingers, would be cut from the wrist; the third time it would be TA’ZIR to such exceptional unyielding negative character that would not extend to cutting of any part of the body as he/she has already achieved his/her punishment at maximum by the Holy Book Quran. Even with this stance that does have its roots at FIQH, the command at the KITAB is fulfilled whereas the authentic SUNNAH of the Prophet PBUH does not challenge it; the fingers do apply to hand; Al-Hamdu Lillah. Note that Islam prescribes the punishments of HUDUD, and even of QISAS & DIYAT, as deterrent to these sins/crimes causing fear inside of those who have the tendency towards such and causing hope inside of those who intend to live at peace in the world caring for AKHIRAT; they are not to cause any harassment into the life of the common typical Muslim person at the Islamic environment who ought to feel at ease with punishment to wrong-doers for his safety here; they are mentioned to be provided and they certainly would be provided to wrong-doers as the last resort for the safety of all those that are virtuous here. The wound by the cut would be taken care of after execution of the punishment in all the good way possible, applying available modern techniques too.
As for the drinking of wine (any such viscous drink made as wine from dates or grapes or even raisins that actually is dried-grapes), it is that which would have caused the drinker to lose his senses certainly if it had been taken in quantity and would have designated him as drunkard; when the wrong is proved by two of eye-witnesses with the assistance of the substantial circumstantial evidence or/and the modern electronic means, he would be punished by 40 Lashes in public (this 40 lashes is according to SHAFA’I that is fine to take here for judicial system as of now so the least would do here well insha-Allah with an ordinary whip that would not be applied harshly); note that even if the accused person confesses to the drinking of such wine at-least twice at different occasions without any undue pressure on him, his clear admission also goes against him that makes substantial case here. So the conditions here include that the wine would be prepared either from dates or either from grapes (raisins included) or from both, it would be viscous and it is better to decide when it has caused the drunken state to the drinker according to all evidence though the occurrence of that state is not necessary where such specific wine is in consideration when it is known clearly that its relevant quantity would cause the drunken state; note that the drunken state is where the drinker has lost the ability to identify, or distinguish between, common things; there would be two male competent eligible witnesses to his act of drinking or alternately his own clear confession twice at different occasions to it without any undue pressure whatsoever. Note that if something that is generally recognized as wine, is made from some other thing, vicious or not, yet causes the drunken state to the offender then at such event, that also passes for the case of this HADD and it would be taken so; drinking its little when that does not cause the drunken-state would not take the matter to HADD (but it needs avoidance) though in the previous specific wine (KHAMR) that is prepared from dates, grapes or/and raisins (where it is known that its relevant quantity would cause the drunken state), even its such intake that is relevant to drinking, would take the matter to HADD; Al-Hamdu Lillah. Also note that at this corporal punishment, the whip for lashes would be moderate in make by the standard of current times and it would not whip heavily rather its moderate application would do well; also it is not right to whip the punished bound and at the time of whipping, the weather would be moderate too; for the man, it has to whip all the back from the shoulders to the legs with the SATAR of the man hidden by the cloth that does not stop the effect of the beatings when applied to it though he would not be hit at the front; it is better that he wears all his ordinary clothes at the execution except that which stops the effect of the beatings when applied to it; the whipping would be witnessed by some faction of Muslim men; after the execution of the verdict to him, he would be able to walk back with convenience; here the humiliation is asked though the physical torment is also necessarily expected, and accepted, to reach well towards the offender. Note that it is allowed that this whipping be provided in installments and the extremely weak person is to be punished once only by forty powerful straws bound well together. For the woman guilty of this crime, the whipping of 40 lashes would strictly be provided by the lady-executioner at private quarters though in front of some Muslim women only as audience to it with total leniency all-over the back in installments and that also with her total clothes on that hide her totally; it is better to execute some light lashes as punishment to her when she is seated and after total execution of the punishment, she would be able to walk back with convenience. The punishment would not be executed during her pregnancy or when she has a child incapable to eat by itself. Anyone that is once punished in HUDUD, would not be mentioned adversely except where necessary as their testimony at the court would be unacceptable. Note here that I, MSD, would take the other two of HUDUD ahead at the last of this discussion that are totally related to the two extremely shameful crimes/sins; these include QADHF (accusing some person of adultery/fornication) and adultery (fornication included) which necessarily require the involvement of a guilty woman too with a guilty man both leaning to JIHALAT that is giving-in to passions; other differences for these two crimes/sins is that the male competent eligible eye-witnesses needed at these two crimes/sins would be four and not two like at others here in HUDUD; these all eye-witnesses would have seen the commitment of the crime in such high detail that is not asked of the two eye-witnesses at any of the other three HUDUD; Allah has addressed both of these in Surah NOOR near to each other. But for now, let us study QISAS & DIYAT which is another set of crimes/sins that also ask for the prescribed punishment; Al-Hamdu Lillah.
QISAS means life against life and it also applies to the wounds that are inflicted by someone to the other; the inflictor of wounds would receive the same unless the affected person takes DIYAT (a huge amount of money) against them or just forgives without taking anything; FIQH does have relevant detail to it. The Islamic administration has a role to facilitate the matter for the sides involved by its judicial system and it is not to involve itself in this matter directly; it is the matter between the sides involved. FIQH, the HANAFI-School, tells about five types of Murder that are (1)-Intentional (2)-Intention-Like (3)-Accidental (4)-Accident-Like (5)-Causal. However, the MAALIKI-School tells of two types only; the first and the third. Probably, the better thing is to take the kinds here as three as of now, that are the First, the Third and the Fifth. The point to note here is that four of rulings apply to this matter that are QISAS, DIYAT, KAFFARAH, ITHM and insha-Allah I would take them ahead; note that when a person kills such a person to whom he is an heir, he would get his punishment and in addition, he would not remain his lawful heir then; this is named as HIRMANIL-IRTH that means “stoppage to getting the inheritance”. Intentional murder is that where the murderer commits it by intention taking life of somebody unlawfully and it is not only among major crimes but it also is one of the biggest sins certainly. The intentional murder is recognized by the weapon used even if the murderer pleads as “not-guilty”; the attacking weapon if totally able to kill a person especially so when it is commonly taken as lethal, tells the intention and more so, when the reason to it is also well-established. Its punishment is to take the life of the murderer because he has taken somebody’s life unlawfully even if that murdered person is a woman or a DHIMMI as this goes well here keeping the differences at FIQH aside as this also has its basis well at FIQH; Al-Hamdu Lillah. The murderer, who has committed the murder by intention, would be killed in return to the crime he committed that is QISAS unless the heirs of the murdered person pardon him taking DIYAT (a huge sum of money against the murder that he has committed and even if only one of heirs agrees to DIYAT, his life would be spared and he would not be killed in QISAS and others of heirs would also receive their respective shares in DIYAT too) as the heirs have the right to it according to Islamic teachings; there is no KAFFARAH (some compensation) here though it certainly is an ITHM (one of the major sins) that can only be compensated by true repentance. Note it well that the Islamic teachings take the ruling of murder with care to heirs as they would finally decide if the murderer shall be executed or not and even if one of them disagrees to QISAS, his life would be spared. In contrast to this, the west does not give any care to DIYAT and this difference also is significant that the west does not take adultery (fornication included) as crime where both sides provide consent to it while the Islamic stance is extremely strict in the ruling of this heinous crime which it designates as one of major sins for both sides; may Allah save all true Muslims from it and from all major sins; Al-Hamdu Lillah. The accidental murder is the one that is committed accidentally where there was no intention to kill yet it happened; for instance, where someone shot at the prey that missed the target and killed some person or where the loaded gun fired accidentally without intention and killed some person. In this type, there is DIYAT plus KAFFARAH though due to the absence of intention, it would not be mentioned as a sin. The Causal murder is that where a person has done something unlawfully that led to the death of some person accidentally without any of his intention yet he does seem to have a part in that; for instance, someone dug a well at someone’s property without his knowledge or approval and then some person fell in that well and died so the person who dug the well, would be held responsible in some capacity and that responsibility asks for the payment of DIYAT only. The crime that relates to QISAS & DIYAT also needs two eye-witnesses as are needed at the three of HUDUD that are other than ZINA and QADHF with the same criterion. Let us take the terms DIYAT and KAFFARAH ahead to understand their application in today’s scenario; Al-Hamdu Lillah.
DIYAT is that amount that is given to the heirs of the person killed and with that the life of the murderer is spared; in wounds of high nature too, DIYAT is given to the wounded person by the inflictor of such wounds. Though in the murder by intention, the heirs to the murdered person would be allowed to demand any reasonable DIYAT from the wrong-doer as of now yet it must conform to the good trends and traditions of the environment and the better thing is that it does not extend beyond the DIYAT that is asked for the accidental murder. The DIYAT for the accidental murder is 100 camels of different ages but the better feasible stance as of today is to take the amount of 10000 DIRHAM (that comes near to the cautious amount of 30630 grams of silver as current at the market) as that also is the option available for DIYAT; this amount is to be paid within three years to the heirs. Note that DIYAT is to be paid by the supporters (AAQILAH) of the murderer; in those days the respective tribes used to provide for DIYAT of the murderer being his AAQILAH yet nowadays, the respective supporters might take-up the task; for instance, if a public vehicle kills a man accidentally, the Union of that specific public transportation would provide DIYAT for the driver for that; it might be the institution at which he works in some capacity; so that would be termed as the AAQILAH for him that would either pay for him totally or support him in the payment of his DIYAT in this current era. If DIYAT is accepted for the murder on intention, it is better that the murderer pays the total of DIYAT himself in this current era, if he is capable to provide for it though even in that, he might ask and receive the support from his AAQILAH. The murder that fulfills the designation of Causal would ask for DIYAT yet it is well to take lesser than DIYAT of the accidental murder so it is better that the Islamic administration does fix it; it might even leave it on the heirs specifying the maximum amount. Note that except for the murder by intention where DIYAT would remain an option only, the other two types would necessarily ask only for DIYAT and not for QISAS. In wounds too, it is necessary to take DIYAT only as of now; note that FIQH relates to QISAS for different wounds in detail yet this wrong would ask any such DIYAT only as of now that is in sequence keeping ratio to the official DIYAT of the accidental murder; it would remain 25% or 50% or 75% of DIYAT asked at the accidental murder and it would surely not be put to QISAS; however, even to ask for 100% of DIYAT that is for the accidental murder here is feasible where the Respectable Compatible QADHI confirms. If a person seems bold to commit this wrong of inflicting wounds, he would be dealt by some TA’ZIR too with DIYAT as an exceptional matter here, though DIYAT would be that person’s actual punishment. Note that the intentional murder and the causal murder do not ask for KAFFARAH (compensation due to some wrong committed) though they do ask for ISTIGHFAR to Allah (asking for His mercy and His blessing that Muslims would always ask habitually), besides their prescribed punishment; the accidental murder does ask for KAFFARAH besides DIYAT and ISTIGHFAR to Allah. The KAFFARAH for it is freeing a Muslim slave or fasting for two months continuously without gap; in today’s scenario, the second one is the only option available for KAFFARAH. Note that Allah does not ask DIYAT in the accidental murder if that is of a Muslim that incidentally belongs to such people of enemy that challenge the values of Islam and thus challenge the establishment of the Islamic environment; however, KAFFARAH has to be taken-up at such situation too. Note that the accidental murder of a Muslim (and even a non-Muslim) that is from among the people to whom there is a peace agreement of the Islamic administration, does also ask besides ISTIGHFAR to Allah, for both DIYAT and KAFFARAH (see NISAA-92). Let us now see few points about QADHI (the Muslim Respectable Compatible Judge) and also about witnesses at the Judicial-System of the Islamic environment; Al-Hamdu Lillah.
The QADHI would be an adult Muslim man who is AQIL (sane) and ADIL (just; clear of major sins); he must have authority to pronounce his verdict by Islam without taking any pressure upon him and capable to impose that verdict with ease. He must have the knowledge of Islam to height and would be attentive to Allah with care to righteousness in all he does; Al-Hamdu Lillah. He would be capable to hear all sides of the case at hand with high understanding and he must never pronounce his verdict at anger, frustration or any such emotion that might lead him to give-in to some hope or to some fear causing him to decide erroneously; he must not decide even when at extreme hunger or at extreme thirst; Al-Hamdu Lillah. As for witnesses, note that for cases related to HUDUD and QISAS & DIYAT they would be adult and Muslim men that are AQIL and ADIL with the necessary knowledge of Islam and would not be given to bias towards any of sides in the case at hand. There are three levels to witnesses; for the cases of ZINA (adultery, fornication), there would be four competent eligible Muslim male witnesses (all of them being Eye-Witnesses who have seen the heinous crime with total clarity capable to recognize the wrong-doers with total precision and have observed it with high detail without any doubts whatsoever); if the case for ZINA is not proven neither as HADD nor as TA’ZIR, that would designate the witnesses therein as fibbers and then they would face the charge to QADHF. The second level is for other of HUDUD in which also there would be two competent eligible Muslim male eye-witnesses not necessarily such observant of detail as in the case of ZINA; the QADHI would see where they pass as eye-witnesses even when they have not particularly seen the happening of crime precisely; note that QISAS & DIYAT also need such two competent eligible Muslim male eye-witnesses for this category and note also that the testimony of women in these both categories is invalid; but admission of the wrong-doers to their wrong-doing by themselves in clear terms without any undue pressure, four times at different occasions for adultery & fornication and twice for highway robbery (or the armed rebellion), theft and drinking of wine, makes effective cases against these respective wrong-doers. With modern technical gadgets such as the highly sophisticated camera unless proven unworthy and the substantial circumstantial evidence unless proven unworthy in cases of these three, that are brutal robbery (& armed mutiny) and theft and drinking of wine, the two competent eligible male witnesses (who would be Muslims) need not be eye-witnesses to detail which relates to commitment of the crime; the result by the usage of modern technical gadgets and the availability of the substantial circumstantial evidence would be relevant to the crime so the Respectable Compatible QADHI would take them into account when two such eye-witnesses are available to it who are certain, being present at the crime-scene, that they have witnessed the accused person committing the crime, even if they do not exactly see the whole of it; the wrong-doers would face HADD at such accepted results of modern technical gadgets here or/and such accepted evidence here when the case does have the necessary primary provision of two competent eligible eye-witnesses for it; note that the cases of theft specially need observation on the part of the QADHI whereas every such case would have high worth when the thief is caught at the spot and two Muslim competent eligible male eye-witnesses who were present at the crime-scene, provide their testimony for it. The QADHI would see at all cases of theft if he can take the eye-witnesses at minimum of the needed competence as when it has to be converted to TA’ZIR, the punishment would not be similar to its prescribed one. The Respectable Compatible QADHI would see in the best way possible that he implements the command of Allah in this HADD too as in others that are highway robbery (including the armed-mutiny) and the drinking of wine; note that in the case relating to ZINA, the better thing is its conversion to TA’ZIR rather than keeping it to HADD, when that option is available even at minimum. On the third level, that are for cases of TA’ZIRAAT, especially pertaining to wealth & property and to matrimonial issues (and FIQH text-books deal with these two matters extensively that are well to study and practice), the testimony of two competent eligible Muslim male witnesses that the QADHI accepts at his court is well-enough while even the testimony of competent eligible Muslim female witnesses who fulfill the conditions to witness, two of them in substitution to one male witness, is valid to take into record here though they would necessarily be with at-least one competent eligible Muslim male witness in the case; they substitute one of male witnesses when they are competent and eligible whereas they become witnesses by their own free-will. In TA’ZIRAAT too, it is most feasible to take the substantial circumstantial evidence and the assistance of modern technical gadgets to prove the case against the accused person but only when the Respectable Compatible QADHI gets two competent eligible witnesses to the case that are most acceptable to him for it. Please note here that the competent eligible female witnesses specifically without any of male witnesses, are permitted to provide their observation in the specific matters of women in TA’ZIRAAT; the QADHI would consider such observation necessarily at such matters according to FIQH as for instance, in the child-birth. Note that the punishments in TA’ZIRAAT would necessarily remain lesser than what are pronounced at HUDUD and QISAS & DIYAT; there is some difference in this specific matter yet this stance also has its basis well at FIQH. Let us now learn ahead how TA’ZIRAAT would work at the Islamic environment; Al-Hamdu Lillah.
The rules that we Muslims need to follow in TA’ZIRAAT comprise of number of statements in which the first is the one that I, MSD, just mentioned. Please note that couple or somewhat more of these might not confirm to FIQH of old times but they would not challenge that either or they would be one of options at FIQH of old times; note that the concept to provide lesser punishment in TA’ZIRAAT than the prescribed punishments for HUDUD and QISAS & DIYAT, has difference in FIQH yet it does have its basis at rulings of the ancient times; these all statements have their authentic basis for application, keeping to USUL-AL-FIQH. Now firstly, in TA’ZIRAAT, the punishment would necessarily remain lesser than what are pronounced at HUDUD and QISAS & DIYAT; this counts well even for the converted TA’ZIRAAT that were filed initially as the cases at HUDUD. Secondly, in TA’ZIRAAT, the verdict would never be for capital punishment or amputation of any part of the body for any wrong whatsoever and this goes well with the asking of the first rule. Thirdly, in TA’ZIRAAT, the punishment would mostly relate to some monetary fines or/and to corporal punishment but lesser in lashes than HUDUD and QISAS & DIYAT; both these punishments here at TA’ZIR, or even something else like exile or imprisonment (maximum eight months), would highly depend on the decision of the Respectable Compatible QADHI; note that if he pronounces imprisonment at TA’ZIR, it would remain to eight months maximum and that would include the trial-period and the appeal-period too; the punished ones at TA’ZIRAAT would not be taken as criminals as this term would remain reserved for the punished at HUDUD and QISAS & DIYAT (but then also, to be mentioned only at necessity). Please note that imprisonment in HUDUD and QISAS & DIYAT, would be disapproved as much as possible (in-fact, any verdict that asks for more than its prescribed punishment to the criminal in these two categories would be disapproved except where the Respectable Compatible QADHI does find highly appropriate to impose one of TA’ZIRAAT here too blending it with any one of the prescribed punishment necessarily) and the maximum period to pronounce verdict in all of these cases would be four months from the notification of the wrong; if HADD is converted to TA’ZIR, that is most valid at the two of shameful issues though even others of HUDUD might ask for that, due to the lack in the quality or/and quantity of witnesses, then even the total imprisonment might only remain to 8 months; the imprisonment of the capable man even for a year or just a little more renders him useless and as such, his improvement becomes near to impossible; it also would become unnecessary punishment to his near ones in our traditional appreciable set-up. So the confinement to the prison for the accused in these two categories that are HUDUD and QISAS & DIYAT could only remain to the trial-period plus the appeal-period that must necessarily remain together to six months maximum from the notification of the wrong with an addition of two months in waiting or even lesser to its execution after the final verdict takes place; note well that these six months would even include the period of appeal too at the Appeals Court; note also that HUDUD and QISAS & DIYAT only ask for specific respective punishments necessarily as told in the NASS (the KITAB and the SUNNAH of the Prophet PBUH) when they keep to their own category but when they go to becoming TA’ZIR then even these issues of HUDUD would ask for something lesser in quantity yet they still would ask lashes to the wrong-doer. Fourthly, where the case does not pass for HADD especially at the case of ZINA (adultery, fornication), it would not be abandoned when there is high substantial circumstantial evidence or/and the indication of modern gadgets indicating some worth to the accusation; the case at such position would be converted to TA’ZIR then & there and due to its conversion being of exceptional nature, its hearing would yet be heard by HUDUD Court providing lesser punishment than what HUDUD ask for; the modern electronic gadgets are to remain only secondary evidence at the cases in HUDUD Court with necessary competent eligible witnesses as primary here at the Islamic environment but these modern electronic gadgets do value to affect the cases highly here leaving the cases that relate to ZINA and that relate to QADHF, because they have the direct attachment to their evidence; however, the medical evidence is actually of no consequence here at any HADD keeping strictly to the Islamic values and the post-mortem particularly needs avoidance here at all judicial process (and even at all medical education). Fifthly, the execution of the verdict would be immediate (that is within forty days of the final verdict after appeal; that final verdict of HUDUD Court would come at fore within twenty days of the decision to appeal at the Appeals Court) with no delay whatsoever; that would be taken-up by the professional skilled executors of the verdict proclaimed; the maximum period of the imprisonment would still remain to 8 months maximum in TA’ZIR as punishment and in HUDUD and QISAS & DIYAT as period in waiting. Sixthly, the punishment in TA’ZIR given at HUDUD cases of ZINA and QADHF would necessarily resemble the specific punishment that they ask for even if they do not remain to HADD strictly. Note that QADHF would only apply where the case has been registered as an HADD relating to ZINA and then it is not proven even as converted TA’ZIR; its other necessary condition is that the case of ZINA presents such woman accused in it who is reputable in general and not known in any manner for any shameful attitude that might put extreme blame on her even though she has been accused. Note also that the Islamic administration would monitor such person who is punished twice in the filthy crime of ZINA (or in its converted TA’ZIR) so as to keep him away of this heinous sin and so as to keep all environment clean of this extreme filth; Al-Hamdu Lillah. The Respectable Compatible QADHI would not convert the cases of other three of HUDUD to TA’ZIR to his utmost capability though the option at the law for that would remain available to him here at the extreme necessity due to some notable doubt at any matter related to it or due to lack in the quantity or the quality of the eye-witnesses; note that even if any of HUDUD converts to TA’ZIR, it would still remain to HUDUD Court. Seventhly, the police quarters would only register the case and get the accused if arrest is ordered but they would be disallowed the custody of the accused, even not bringing that accused to their respective quarters; they would have to transport him to the specific site (the central-quarter representative of some police-quarters including theirs too); the central-quarter would represent a number of police quarters as per guidance of the administration for any necessary interrogation without any high-handedness whatsoever; the trial period would be counted from the notification of the case at the respective quarter and not from seizing of the accused; note that the arrest would only take place by order of the central-quarter that relates to the relevant police-quarter which had received the first information of the wrong committed. Eighthly, there would be no beatings or torture to exhort the confession of any crime relating to any category for any reason whatsoever and if such charge surfaces even with minimum of substantial circumstantial evidence with the testimony of only two of competent eligible witnesses, not necessarily eye-witnesses, then the men mentioned as responsible to it would be suspended from the job with immediate effect and they would face the detailed investigation of that charge immediately after suspension. Ninthly, the testimony of the person who is punished in HADD or/and QISAS & DIYAT would not be accepted at any court of the Islamic environment and of the person who is punished in such TA’ZIRAAT twice that have been converted to that from HADD; Al-Hamdu Lillah. Let us now take-up the matter of the judicial process at the court of the Islamic environment so that we get the implementation of the law that provides justice here; Al-Hamdu Lillah.
The police-quarters would register the total cases -FIR- in their specified area as they do at these current times but with liability to report at their central-quarter under which they work; it would get the accused on the order of the central-quarter only, if the central-quarter finds that the custody is well-needed; the relevant police-quarter would denote the nature of the crime, to which court it has to be taken and at what specific time in the near future, in most clear terms to its central-quarter in written and they have to manage these things fast as the verdict at the court would necessarily come to all cases within four months from the notification at the police-quarter and not from their notification at the central-quarter even if they had not yet arrested the accused person that only would be possible if the central-quarter asks them for it; the custody of the accused would be given at his arrest to the central-quarter with immediate effect though it is even better that he is interrogated at his liberty without any detention whatsoever; the law would provide that no woman would be arrested for anything though she might be confined to her house on the charge of HUDUD or QISAS & DIYAT; no child even would be arrested for anything. I, MSD, am sure that it is totally well, seeing the Islamic teachings, to let the courts that present as of now to work at the Islamic environment that are named as City courts, High courts and the Supreme court as this set-up is able insha-Allah to provide justice by the Islamic law in an Islamic environment; we do not have to consider changing the set-up for provision of justice though that would apply justice by Islam insha-Allah and I would refer to these specific courts ahead by the respective names of Basic Courts, HUDUD Courts and the Appeals Court as not to confuse their respective works then with their respective works now, as they totally come towards Islam; Al-Hamdu Lillah. The Basic Court would deal in the cases that relate to family quarrels (i.e. about matters between the man and wife about decisions relating to marriage, divorce, children's custody, beatings given to spouse etc. and even division of finances among them) and specific financial quarrels relating to property and other such matters of financial nature among the citizens; however, the immediate relatives, or/and intelligent men with awareness in the Islamic teachings at both sides, shall try to achieve an agreement among themselves in the cases related to the Basic Courts without going there. Although ADL need to be established here yet EHSAN is the first priority that truly is the keyword that holds all matters in the relation between the man & wife; and it also is the keyword in all matters of financial nature among all citizens of the Islamic environment; Al-Hamdu Lillah. These Basic Courts are to be divided into two sections - A & B – that would deal with (A)-TA’ZIRAAT between the man & wife (even the financial matters that are related to them; that would also include all wrongs that any man commits against any woman and vice-versa when it is not at HADD or/and QISAS & DIYAT) and (B)-TA’ZIRAAT that relate to all other cases of it than whatever goes to the A-Section, especially the financial cases (including the cases of land & property and even of corruption relating to officials). Note that the term "TA’ZIRAAT" include all crimes related to all matters which may not be included in HUDUD or/and QISAS & DIYAT. HUDUD Courts would have three sections and let us assume them to be A & B & C. Here, the A-Section would be for HUDUD cases and this term includes 5 great sins which have among them ZINA (adultery, fornication) & accusing someone of ZINA (QADHF); the B-Section would be for appeals against the decisions of Basic Courts; please note here that though it would have the authority to ask the Basic Court for revision to its decision (for once only indicating the areas where concentration is yet needed) yet it would have no authority to decide anything by itself on such an appeal; note that the verdict given by any Respectable Compatible QADHI in some case is not liable to cancellation according to Islamic stance and the only feasible thing is the one-time appeal for its revision; the respectable QADHI who hears the appeal at HUDUD Court would ask the same QADHI of the Basic Court who gave the verdict to it, with total respect to revise the decision if he finds the revision feasible, highlighting the area of concern in his view; the C-Section of HUDUD Court would be for QISAS & DIYAT. All Respectable Compatible QADHI, who are highly aware of Islamic teachings, would always keep their delicate position in their view so they would manage their respectable liability with care towards the Islamic environment; they would try to avoid errors to maximum of their efforts, keeping all their attention totally towards Allah, the true Lord; Al-Hamdu Lillah.
As for Jails, they must remain institutions where the prisoners will be kept maximum for 8 months in punishment or in waiting. This means that there will be two kinds of prisoners. One of these would be jailed as punishment in TA’ZIRAAT by the Basic Court up-to 8 months maximum (even if the verdict comes during their imprisonment as it has to come in 4 months maximum; the trial-period and the appeal-period both included in these 8 months) and the other would be taken into custody but only if necessary, in cases of HUDUD Court that would relate to HUDUD and QISAS & DIYAT until final pronouncement of the verdict within 4 months. But no woman & no child would be jailed, though the charge against any of them might be of murder or of adultery and that also with substantial circumstantial evidence. The imprisonment of women and children for any reason whatsoever at jails, is totally against the good Islamic traditions that we enjoy as Muslims since many centuries now; Al-Hamdu Lillah. However, in cases of HUDUD Courts, women might be ordered restriction to their homes during the hearing but even then, there would be no male-police to keep watch though official female-police might keep necessary check according to the requirement of the law. When the charge against them is established and the court gives its decision, they will be given the assigned punishment. They would not be interrogated by the male police and also not without close relatives and in fact, would only be questioned at their own houses among their close relatives by the official women in police (though such official female-police would be minimum in number), according to necessity. The good traditional respect of women & children and even of old & weak, according to Islam, has to remain in view. Men only might be jailed putting them into the police custody for HUDUD Court “A” or “C” charges (but that would only be for necessity and certainly not as punishment in these cases); that even would only be for 8 months maximum including the trial and the appeal period counting from the notification of the crime as the matter relates to the committer of the crime and certainly it would not become punishment to his near-ones that certainly are not responsible to it; our traditions ask for strong ties within the family and Islam appreciates it. Note that all related to the Islamic Judicial System would take care that even the execution of the prescribed punishment pronounced at the final sentence, takes place before this imprisonment of 8 months ends; Al-Hamdu Lillah. The punishment for these cases would only be those which are specified by Islam in these cases if proved soundly. The jails would hold men only if appropriate, as punishment ordered by the Basic Court for 8 months maximum (whether the case at hand is of its A-Section or of its B-Section) from the notification; the trial and the appeal-period included. The treatment of the accused would be as "not guilty" without fail unless proven; certainly the punishment is not to commence before the verdict but if the verdict favors the imprisonment at jail, it would include the period of trial and the period of appeal of the accused. The testimony of women and children is not acceptable in HUDUD and QISAS & DIYAT but note well that the testimony of the raped woman will be accepted against the accused man and her check-up if necessary, would only strictly be conducted by women; note that this check-up is not to be counted as basis to the case but to be taken only as an ordinary secondary reasoning to it; note also that the case would not put any blame to the affected woman whether she is truthful in her accusation or whether proven a fibber in it.
Note that any case that relates to rape is a very delicate matter at the Islamic environment and note also that Islam designates ZINA as the filthiest sin that relates particularly to the sexual intercourse as it is in the normal sense; in contrast, other such wrongs that certainly are sexual in nature too and that certainly are filthy too, are treated as TA’ZIR as they are not the sexual act in the normal sense. So, the matter reported as of rape from a woman does not become a case for ZINA or QADHF at its onset and not even after that in this current era. At cases claimed as related to rape, the female side might not be as innocent as she claims to be yet she still is liable to care because of the respect she enjoys at the eastern traditions that Islam does respect, due to her weak gender. But caring for brevity at this paper, I, MSD, state that the notable thing here is that the case for rape would strictly be taken as of TA’ZIRAAT towards the man involved and not of HUDUD, while the female here would have no blame unless she has accused men more than twice; as such, her case would not be liable to admission to the court even though she would still not be charged of anything and in-fact, the administration would try to learn silently how much credibility her statement has. The Respectable Compatible QADHI would judge against admission of the case of rape if some specific woman brings that to him for the third time, as after she had made such charge couple of times at different occasions, it surely is better to consider her charge the third time as unacceptable; it only denotes her indecent boldness. Whenever the QADHI admits such case, it would be treated exceptionally where she is neither liable to provide any witnesses from her side nor liable to any punishment if proven a fibber (Basic Court’s A-Section Case) and as such, this case would remain to exception here; there had been such a case at the times of the Prophet PBUH where the woman, claimant to the charge of rape, proved wrong in her recognition of the responsible man yet she was asked respectfully by the Prophet PBUH to leave the relevant hearing as the actual wrong-doer confessed by his own; the Prophet PBUH sent her without any blame to her in any way whatsoever and she was not taken as liable to anything (Tirmidhi reports it). I, MSD, would not comment any more to this matter except that once admitted and that would only be as TA’ZIR, the man only would be loser even if he wins the case as there would be no verdict here against the woman; the matter has no feasibility to be taken to QADHF against the woman in this current era most certainly and so it would end uneventfully; let it become a matter relating to EHSAAN then, rather than ADL. If her charge does have substance and the Respectable Compatible QADHI does gather it well, he would provide the punishment as TA’ZIR to the responsible man and the case would still end without the woman getting anything positive except sadly a negativity to her name; the QADHI would give some corporal punishment to the accused man to be witnessed by the group of Muslim persons and harsh warning to him. However, it is feasible to care for the virtuous character of the accused person at all cases of TA’ZIRAAT and so the verdict would account for that as the accused person might not have such criminal tendency as to lead to this shameful act at normalcy; sometimes passions are aroused in the most indecent way even in the extremely good persons as such is attraction of the woman to the man. It certainly is much better that once the matter is settled by the good judgment of the good Respectable Compatible QADHI, everyone ignores the matter and cares for the prevalence of high moral values at the good environment that Islam does ask for; Al-Hamdu Lillah.
Please note this very important point here that we must try to bring the Islamic environment at that standard where there remains neither the need for professional lawyers at service to make or defend the case at court nor the need for the personnel that manage the recording and forwarding of the case at court as the accused himself would take-up the first task while the Respectable Compatible QADHI himself would tackle the second; Al-Hamdu Lillah; the present professional lawyers and the court-personnel as of now at-least shall not appear in cases of HUDUD Courts and ahead; everybody here defends himself/herself or gives evidence in his/her relevant case by own. The matter simply put, would certainly guide justice towards it more insha-Allah rather than put in complicated way; emphasis shall be to what is readily understandable and not for any twisted meanings. In other words, the written law would not obstruct justice and if it becomes hindrance to it, we must leave such erroneous law and care for justice; there also is no margin to base any case on professional witnesses according to Islam. All persons need to take care that heinous crimes are totally eliminated from the environment so that all Muslims live at ease with care to Islam; all persons shall especially care that intentional murder & rape do not present anywhere at this virtuous environment; the high presence of these two prove that there is some imprecision in the application of justice and that somewhat is a negative point to the Islamic administration. ADL, to manage the Administrative-Issue, to manage the Dealings in Finance, to keep the Islamic environment clean of all heinous crimes by the Legal framework, to keep it clean of all attacks of the dreadful enemy by JEHAD at necessity and to getting & applying the most basic education, would insha Allah provide justice here to all; with that insha-Allah, there would come the good inclination towards HEJAB that keeps all shameful attitudes away from the Islamic environment by EHSAAN in all relevant issues of life; Al-Hamdu Lillah.
Here, the Appeals Court would only remain as its name implies, the court for the appeal where an appeal is filed against a decision within a month of its occurrence at HUDUD Court, and it would only be single court for the whole country as we do have the court by the name of Supreme Court as of now; it would necessarily decide for the filed appeal within a month or so. It will hear appeals against HUDUD Courts' decisions in A or C cases; it might be authorized to hear appeals against Administrative decisions too asking the relevant Administrative institution to review its decision highlighting the areas where more concentration is yet needed. All Respectable Compatible QADHI, learned highly in Islam at the Appeals Court, would decide for these cases by caliber and present the respective verdicts without delay in a month’s time or so maximum. The verdict of HUDUD Court in the B-cases that actually are appeals to reconsider the verdict at the Basic Courts, would be final. Please note that though HUDUD Court would have the authority to ask for revision of decisions to the Basic Court, that for only once indicating the areas where concentration is yet needed, yet it shall have no authority to decide anything by itself on such appeal; the verdict of HUDUD Court in the B cases that actually shall be appeals against the verdicts given at the Basic Courts, shall be considered final in the sense that the appeal against the relevant verdict, once decided, shall not be liable to present again and that relevant verdict of the Basic Court shall either be revised by the Basic Court according to the direction of HUDUD Court getting to the final decision that shall not be liable to the second revision now, or shall either be implemented without change; the Respectable Compatible QADHI at the Basic Court that gave the verdict deciding it initially, would decide for it finally too. Similarly, the Appeals Court might reject the appeal presented to it keeping to the verdict of HUDUD Court or accept it, asking the relevant HUDUD Court to review its verdict, highlighting the areas where more concentration is yet needed; it is not authorized to revise the verdict of HUDUD Court on appeal by itself. The appeal would be registered right at the Appeals Court by the affected party himself/herself or through his/her appointed person. The Appeals Court would send the appeal back to the concerned HUDUD Court only once as after that the decision of the relevant HUDUD Court would be final even if it keeps the same previous verdict disregarding the highlights of the Appeals Court but with necessary respect for it; the courts would always show high respect to each other and no disrespect whatsoever. Abuse of power and administrative wrongs will go to the Basic Court certainly; the intensity of the case at TA’ZIRAAT does not make it liable to enter into the Court ahead and it is the appropriate channel where the case would go; Al-Hamdu Lillah. It is for the Islamic judge/s to consider how to deal with the presented case keeping strictly to his/their limits. The administration might file case against a civilian at the Basic Court if it finds that he is not paying his taxes fairly though it is better that they come to mutual understanding outside the court for such claims. Note that all necessary taxes would be paid by the persons at business or at service by their own good books of accounts because there would only be good trust among each other, at this virtuous Islamic environment; note also for any decision proven wrong by its revision at HUDUD Court when it is sent back with highlights due to appeal at the Appeals Court, HUDUD Court needs to provide some compensation by material benefits to the affected persons; Al-Hamdu Lillah.
Now, at the last of this discussion for the judicial system at the Islamic environment, I, MSD, would take some discussion about the two heinous crimes that are two very big sins according to Islam; these are ZINA (adultery, fornication) and QADHF (accusing someone wrongly of ZINA). Note that the Holy Book Quran asks for 100 lashes to those who commit the shameful crime of ZINA, in front of some gathering of Muslims and it specifies 80 lashes for the shameful crime of QADHF; both of these are mentioned at Surah NOOR, the 24th Surah. However, Ahadith make distinction between the unmarried and the married person, who commit the heinous crime of ZINA, as the first gets 100 lashes as the punishment to it and the second gets RAJM (stoning to death) as the punishment to the same respectively when the case stands proven. It is clear by Ahadith that the Prophet PBUH decided for RAJM in all cases where married persons were involved yet that occurred when the accused himself or herself confessed to it four times; he even asked to waive-off the punishment if the convicted to it reversed his confession; the punishment here does not hold where any doubt incurs to that confession or to the testimony that is given by any of the witnesses therein. Please note that this specific matter does ask for care to the impression of these current times in its practice. Though I, MSD, have regards but little to the man-made judicial current systems yet having said it, I would indicate again that without any regards to the man-made judicial current systems, this specific issue has yet to give regards to the impression of these current times. It is most notable that when the Muslims intend to live totally upon Islam collectively with total attention towards Allah, the true Lord, the Islamic commands have the beautiful impression to bring issues at hand to their own manner of living; yet there are few issues at these current times, that certainly do need HIKMAT (wisdom to bring Islamic commands into practice). This certainly is delicate task not to be taken except for two or three issues that do necessarily ask for such consideration as of now and even then only by persons together that do have the IJTIHADI strength to that caliber at this given time and place. For the clarification to this, I, MSD, would point out that we Muslims shall not initiate JEHAD (QITAL) at present times though strictly by the KITAB and the SUNNAH, it is well even to initiate it whenever the Islamic administration finds that necessary. However, we Muslims do have to fight with caliber whenever we are initially challenged by the enemy of Islam but now initiation of it any-time from our side is not feasible according to the Islamic teachings as it does have the very high potential to injustice; it might lead to killing of many innocent people without intention; that asks care to HIKMAT for the practice of QITAL. Also, if good Muslims leave MURTAD (the apostate who leaves Islam) on his own, when he remains passive in his attitude and does not challenge Islam actively in these current times, they certainly are not blamable; however, the active MURTAD, who abuses Islam after leaving it and rebels against Islam, he certainly is liable to HADD for which the Islamic administration would certainly punish him; Al-Hamdu Lillah. Keeping to this, the Islamic Judicial System would apply corporal punishment only to ZINA to all criminals, whether married or unmarried, who had fallen into this heinous crime at these current times; it is the punishment mentioned at the Holy Book Quran and it would at-least keep this matter, even if considered at lesser degree than required, to the Islamic justice insha-Allah; this would remain without any disrespect to the ruling of RAJM to the married persons. Note that the Prophet PBUH mentioned words near to the effect when he first applied RAJM that was implemented to YAHUDI couple, that he is applying this RAJM as revival to the relevant command of Allah. So we need to take 100 lashes to such wrong persons if it brings Islamic touch to the judicial system whereas we have found ourselves unable to apply it in essence anywhere since much long time; let us then reserve the verdict of the Capital Punishment at QISAS only where asked for, or at the brutal robbery & armed mutiny (and it might be extended to kidnapping of weak persons as it also is form of mutiny against the Islamic state). Though ZINA is included in the highest of sins yet we need to eradicate it from the Islamic environment only by the guidance that the Quran has asked to it, in these current times, rather than by giving any other punishment to it without any disrespect to RAJM; the Holy Book Quran points out in BANI-ISRAEL about it that it is indeed the worst of immoral paths to tread upon; may Allah save all true Muslims from it; Al-Hamdu Lillah. Without any challenge to authentic Ahadith in any way whatsoever, as this remains out of consideration for the true Muslim, we would still meet this object to clarify its extreme immorality by providing the 100 lashes to him who confesses to it upon his own self four times at different occasions without any undue pressure. With that in addition, we would make constant TABLIGH towards the negative status of adultery & fornication at AKHIRAT, if the committer of such wrong does not seek the mercy of Allah; this insha-Allah is in total compliance to asking of Ahadith and most appropriate to revive the Islamic practice at the judicial system at these current times; Al-Hamdu Lillah. It needs that we Muslims work insistently in collective way so as to seek the final practical answer to some issues that need address fast and clear today, keeping to Islam. Although it needs very high balanced attitude in these current times to practice the Islamic commands at the collective level, yet the task is still manageable; Al-Hamdu Lillah. We have to try our best joining hands together to initiate the practice of Islam at the collective level in these current times and that does need few necessary adjustments on the basis of HIKMAT; the true belief upon Islam and the right intention to good tasks remaining most attentive to Allah only, is most necessary; Al-Hamdu Lillah.
Note that the two among HUDUD that are ZINA and QADHF, ask for four eye-witnesses and those witnesses must have angelic character; that is highly difficult in these times when even at the time of the Prophet PBUH, the persons who did receive the punishment in HADD in the cases of ZINA were those only who confessed to it four times themselves. But we need to provide for the specific punishments to these two that is 100 lashes at ZINA and 80 lashes at QADHF when they stand proven; however, even if they could not remain at HADD, then also we do have to provide something near to it respectively to these dreadful crimes that are heinous filthy sins too. Note that we Muslims must certainly not take the Capital Punishment or amputation of any part at any TA’ZIR whatsoever and in fact, the Respectable Compatible QADHI must try his best to keep three HUDUD other than these two mentioned here, to HUDUD only unless totally impossible due to some worthy doubt therein. These two, ZINA and QADHF, not only go together but they both are heinous filthy sins and they shall never be present at the Islamic environment; there must not even be the provision of the official statistics to these two heinous sins at the Islamic environment or of the specific introductory information of persons that are involved in these two; with all freedom of expression, this would still be banned in general in the best way possible in the best interest of the Islamic environment, even at the social and the electronic media (see Surah NOOR-19). But those who are related to the Islamic Judicial System, shall remain aware of the official statistics relating to cases of ZINA (or to the TA’ZIR it converts to) to take necessary steps to eliminate such crimes from the Islamic environment without fail; the Islamic administration must keep the persons that get the punishment at ZINA (or at TA’ZIR it converts to) under observation though it must not let that observation cause hindrance to their normal lawful living. On the basis of need, it is necessary that even when ZINA does not remain to HADD due to extreme high demand towards the character of four eyewitnesses or due to their unavailability in total number required, it would still be dealt with harshly by 39 lashes as TA’ZIR, coming to that designation by substantial circumstantial evidence plus the required availability of four truthful eye-witnesses (not in the most strict sense here at TA’ZIR though they might be referred to as such due to their timely presence at the site of the crime clearly getting the identification of the wrong-doer); the modern electronic gadgets might provide some good information to take here in addition to substantial circumstantial evidence. As for punishment, some of lashes here would remain highly stern for sure, with a reasonable whip that is yet manageable by the sentenced person to it; there would be some Muslim audience to it necessarily and it would be clear to all that this heinous crime does lead to terrible chastisement. As for the HADD of QADHF, note that if the man puts such blame upon his wife, the procedure to take is called LI’AN that might be asked at the A-Section of the Basic Court and it is mentioned at Surah-NOOR, the good authentic TAFSIR of which shall clearly provide the detail to it. As for the general application of QADHF, note that this would only be designated as HADD when it fulfils two conditions as of now; one of them is that it would fall upon the witnesses that prove fibbers in the case of ZINA when they could not prove it even as TA’ZIR and the second of them is that the case they lost was put against such woman who was never ever mentioned for any such shameful wrong; note that the claim of a woman against some man that designates him as involved in ZINA with any other woman, would not be liable to admittance in the HADD of QADHF. Note also that QADHF is totally related to the accusation of ZINA so it would not be admitted as a separate case; it would automatically become the case relevant to QADHF at HUDUD Court when its two necessary conditions take place. This implies that cases relating to ZINA that are not proven, would not be taken to QADHF (or actually relevant to QADHF) unless they fall against a woman never ever mentioned for any such shameful wrong; the cases admitted as relevant to QADHF at HUDUD Court would ask for 33 lashes each, as warning if that wrong is proved, to such boldness of men against the reputable woman; there would be some Muslim audience to the punishment necessarily; Al-Hamdu Lillah. This detail tells that once the case is registered as the HADD of ZINA at HUDUD Court, it would certainly ask for punishment of either 39 lashes or either 33 lashes according to verdict of the case specifically towards those that are responsible when it converts to TA’ZIR. May Allah give us TOFIQ to understand Islam to extent to put it into practice at the collective level in all issues of concern at current times with total attention towards Allah, the true Lord; Al-Hamdu Lillah.
POINTS TO NOTE (The Legal-Issue at ADL)
Al-Hamdu Lillah
(67) The Islamic administration shall see that the concept spreads well about the Islamic Judicial System where the punishments serve as deterrents to the crimes/sins, that Islam establishes it to maintain total peace so that the Muslims are at ease to do virtuous tasks for AKHIRAT; Al-Hamdu Lillah.
(68) The Islamic administration shall base its criminal code of law by specifying all the crimes to three categories; these are HUDUD (that comprise of theft, armed highway robbery that includes armed-mutiny, drinking of wine, ZINA and QADHF), QISAS & DIYAT (that comprise of murder and inflicting wounds by battering of high nature and as such, is directly related to injustice) and TA’ZIRAAT (that are other than these two categories of crimes).
(69) The Islamic administration shall provide three specific types of Courts for the Islamic Judicial System that shall be the Basic Courts (for TA’ZIRAAT and all matters relating to Judicial Aspect that are other than HUDUD and QISAS & DIYAT), HUDUD Courts (mainly for HUDUD and QISAS & DIYAT) and the Appeals Court; the last two mentioned courts shall not present as lower or higher but they shall be complementary to each other in all ways related to their assigned tasks.
(70) In the Islamic Judiciary System, there shall be no punishment of imprisonment in HUDUD and QISAS & DIYAT except for the 8 months of custody at the jail if necessary in which the QADHI shall decide the case in total with the period of Appeal included; this period shall be counted from the first official notification of the case. The women and children shall not be arrested or imprisoned for anything whatsoever.
(71) In the Islamic Judiciary System, the Respectable Compatible QADHI might provide the sentence to imprisonment in case for TA’ZIR, maximum for eight months counting from the first official notification of such case, with the period of the trial and of the appeal included; imprisonment for any accused person shall not extend beyond 8 months in total continuously.
(72) The Islamic Judicial System shall put the armed highway robbers & such armed force that takes-up mutiny and such wrong persons that kidnap women & children, to death without any mercy or they shall be crucified or one of their hands and one of their legs (opposite sides) shall be cut or as minimum of the punishment, the Islamic Judicial System shall punish them by exile so that they leave the Islamic environment in the best interest of that environment.
(73) The QADHI shall decide the designation of the Brutal-Dacoits & the Mutineers, with the assistance of two competent eligible eye-witnesses to their wrong-doing; he would keep to the guidance provided by the Islamic administration in his verdict based on the KITAB and the SUNNAH.
(74) The eye-witnesses in armed highway robbery, in theft and in drinking of wine shall be those that the Respectable Compatible QADHI designates as competent & eligible; for that competence and eligibility, they shall be Muslim Men that are Adult, Sane, caring to avoid all big sins and not putting emphasis on the petty sins, caring to avoid such attitude that degrades them among the people in general; they shall have seen the commitment of the criminal act to which they provide their witness (SHAHADAH) though not necessarily with such high observation in detail as the other two of HUDUD that are ZINA and QADHF ask for, having good eye-sight and good memory, and their evidence being complementary to each other in the meaning; their testimony shall become more authentic with the presence of the substantial circumstantial evidence against the accused person in the crime, especially if it is based on the modern electronic gadgets to which the Respectable Compatible QADHI shall give the due weight.
(75) The Islamic Judicial System shall decide to cut-off the fingers (excluding the thumb) of the male thief and the female thief in the case that is proven against them; the thief shall be adult, sane and in full control of his/her senses; the case is in HADD when that is for burglary of great valuables not less in value than the NISAB of ZAKAH; it shall not have been committed because of hunger or any basic human necessity.
(76) The consideration for theft includes that the thing/s taken by the accused person shall be at reasonably protected place without any claim of ownership of the accused person to it and its ownership shall not be vague in any way; it shall not be in any kind of ownership of any of his house-mates (that includes his guests or where he himself is a guest) or of any of his close relatives and there shall be no doubt in the case whatsoever that the thing/s taken relate clearly to theft according to the recognition of the term at the given environment; there shall be no doubt that the person accused of theft is certainly the one that is tried for it; this implies that the person shall be accused clearly for theft by the recognized owner of the thing he has taken by theft, while that owner shall present two male competent eligible eye-witnesses of the caliber as mentioned in the point-74 to his accusation of theft; the benefit of doubt shall go to the accused person as in all cases that are in HUDUD; the QADHI shall realize the person as thief at his pronounced sentence if the accused person provides his/her own admission twice at-least, without any undue pressure at two different occasions, to the crime.
(77) The Islamic Judicial System shall decide against that punished thief who commits theft the second time and the case is proved well with all its necessary conditions, to cut-off his/her same hand that is the right one and that is without any fingers now, from the wrist. If theft is proven against him with all its necessary conditions the third time, then there shall be provision of TA’ZIR now to such exceptional unyielding negative character that shall not extend to cutting of any part of the body.
(78) The Islamic Judicial System shall punish the intake of any such drink that is viscous made from Dates or Grapes or even Raisins that actually is dried-grapes which causes the drinker to lose his senses in the given environment, if taken in high quantity; if that mentioned viscous drink is recognized well as wine to the drinker and though it has been taken in small quantity yet in general recognition, it is still relevant to drinking then such a person shall be taken as drunkard. The Respectable Compatible QADHI shall punish him by 40 lashes in public when the wrong is proved by two competent eligible witnesses; the confession of the crime twice to drinking of wine of such nature without any undue pressure on him whatsoever and at two different occasions, shall also prove the case against him and so the Respectable Compatible QADHI shall punish him by 40 Lashes in public.
(79) The Islamic Judicial System shall see that if something is generally recognized as wine though made from some other thing than dates, grapes or/and raisins and it might be vicious or not, yet causes the drunken state to the offender that has taken it then at such event, that also passes for the case of this HADD; the substantial circumstantial evidence and the modern electronic means shall be counted here though secondary with the provision of the necessary competent eligible witnesses. The QADHI shall provide the obligatory punishment of 40 lashes here and he might ask to provide that in installment and he might ask that the extremely weak person shall be punished once only by forty powerful straws bound well together; the punishment shall remain the same without care to how many times the accused has got the punishment in this crime though it is better that the Islamic administration does specify the number of times to take it as HADD for the person given to drinking of wine, in clear terms.
(80) The Islamic Judicial System shall see that when the drinking of wine is proved against a woman, she shall receive 40 Lashes by the lady-executioner at private quarters though in front of some Muslim women as audience to it, with total leniency all-over the back in installments with her total clothes on, though that must not disallow the necessary effect of the punishment to reach her; the QADHI shall see that any corporal punishment shall not be executed during her pregnancy or when she has a child incapable to eat by itself.
(81) In the Islamic Judicial System, no accused person shall be imprisoned for more than 8 months continuously even if the cases are more than one against him; all cases presented at HUDUD Courts shall be decided within four months maximum from its notification that includes the total trial period at HUDUD Court; the sentenced person might register the appeal against the sentence at the Appeals Court within a month of it and the Appeals Court has to decide for it within a month of that registered appeal; it has no authority to revise the verdict of HUDUD Court but it might ask HUDUD Court to revise it; HUDUD Court shall finally revise it or keep to its previously given decision on it within twenty days and the execution of it shall be within forty days to the final verdict at HUDUD Courts; the total period between the official notification of the crime and the execution to it remaining to the total of eight months maximum.
(82) In the Islamic Judicial System, QISAS means life against life or wound of the same nature to the wrong-doer; the kinds of Murder are Intentional, Accidental and Causal and QISAS is to be related to the first of these only if asked by all heirs of the murdered person; the wounds, intentional or unintentional, also shall not ask for QISAS but they shall be compensated well by DIYAT, a huge amount taken against it; the heirs of the affected person in the case relating to the intentional murder shall have the right to pardon the murderer and instead, take DIYAT from him; even if only one of these heirs agrees to DIYAT, the murderer shall not be killed in QISAS and others of heirs shall also receive their respective shares in the DIYAT too; the heirs shall take DIYAT on behalf of the criminal from his AAQILAH by their acceptance to it and this term AAQILAH means his generally accepted supporters due to the close links of the wrong-doer to them; he might be pardoned totally without asking of anything from him if the affected side, that are the heirs to the murdered person, so wills as this matter remains to both the affected sides and does not become a direct offensive case to deal with, for the Islamic administration; the matter shall still proceed to the court of law where the Respectable Compatible QADHI shall pronounce the relevant official verdict for the cases relating even to QISAS & DIYAT as he is liable to the task of its pronouncement and not any of the affected persons.
(83) In the Islamic Judicial System, four of the relevant rulings apply to murder that are QISAS, DIYAT, KAFFARAH, ITHM; the intentional murder asks the ruling for QISAS or DIYAT; there is no KAFFARAH here though it certainly is an ITHM (one of the major sins); if the murdered person is someone to whom the murderer is an heir, the QADHI shall also note that the commitment of such intentional murder is stoppage to him from getting his due share in the property of the murdered person.
(84) In the unintentional murder, the ruling shall be DIYAT plus KAFFARAH though due to the absence of intention, it shall not be taken as ITHM; here, QISAS shall not apply whereas the ruling in the Causal murder shall be the payment of DIYAT only without relating to any other of rulings here; Al-Hamdu Lillah.
(85) In cases relating to murder by intention at the Islamic Judicial System, it shall be allowed to heirs to demand any reasonable DIYAT from the wrong-doer yet it shall conform to the good traditions of the environment; it is better if it does not extend beyond the DIYAT that is asked for the accidental murder that is the amount of 10000 DIRHAM; this mentioned amount comes near to the highly cautious amount of 30630 grams of silver as of now at the market. The amount of DIYAT shall be paid within three years to the heirs with assistance of the supporters (AAQILAH) of the murderer.
(86) In the Islamic Judicial System, the Islamic administration with the co-operation of the Appeals Court shall try to avoid the chastisement that relates to imprisonment of the accused men; women and children shall not be imprisoned for anything. The Islamic administration shall specify the number of times an accused person might be imprisoned and it shall specify the necessary period of gap between his two confinements; as rule in this issue, the Islamic environment shall discourage imprisonment of the accused person at the Islamic environment and the accused person shall be taken as “not guilty unless proven”.
(87) In the Islamic Judicial System, the courts at the Islamic environment shall work by the respective names of the Basic Courts, HUDUD Courts and the Appeals Court. Basic Courts are to be divided into two sections - A & B – that respectively shall deal with TA’ZIRAAT at the A-Section (except finance; that shall also include all wrongs that a man commits against a woman and vice-versa when it is not at HADD or/and QISAS & DIYAT) and with all other cases of TA’ZIRAAT at the B-Section than whatever goes to the A-Section, specially the financial cases and the cases relating to the Land & Property and all those that relate to corruption of the officials.
(88) In TA’ZIRAAT at the Islamic Judicial System, the punishment shall necessarily remain lesser here than what is pronounced at HUDUD and QISAS & DIYAT; this counts well even for the converted TA’ZIRAAT that were filed initially as the cases at HUDUD. There shall be no capital punishment and no amputation of any part of the body here; the punishment here shall mostly relate to monetary fines or/and to corporal punishment but lesser in lashes than HUDUD; imprisonment here shall only be pronounced for eight months maximum and that shall include the Trial-Period and also the Appeal-Period, counting from the first official registered notification of the wrong-doing; the punished ones at TA’ZIRAAT shall not be mentioned or/and taken as criminals; this specific term shall remain reserved for the punished at HUDUD and QISAS & DIYAT.
(89) In the Islamic Judicial System, the Islamic administration with the co-operation of the Appeals Court, shall try to eliminate the need of professional advocates at HUDUD Courts and the Appeals Court; with the co-operation of the Appeals Court, it shall also try to eliminate the need of all such personnel that might relate to recording and forwarding of the case to HUDUD Courts and the Appeals Court; the Islamic administration shall make sure that the Respectable Compatible QADHI at any of these two categories of the court, has the authority to manage even the recording of the case and even to its presentation to his court with the aid of the most trustworthy persons under his direct authority that are compatible and honest to their task; these mentioned persons shall work under his direct authority with the understanding of the true worth of the common man and shall know the practical Islamic values to take-up actively rather than just talk about them.
(90) In the Islamic Judicial System, there shall be no torture to exhort the confession of any crime relating to any category for any reason whatsoever. Also, in the Islamic Judicial System, the testimony of the person punished in HADD or/and QISAS & DIYAT shall be unacceptable at any of the three categories of courts here; the testimony of the person punished in such TA’ZIRAAT twice that have been converted to that from HADD, shall also be invalid at any of these courts.
(91) In the Islamic Judicial System, when the charge against a woman is established and the court gives its decision, she shall be given the assigned punishment yet with care to her respect as a woman; she shall not be arrested or jailed; she shall not be interrogated by the male police during the process of investigation but only by the female officials at the Police and that interrogation shall not be in absence of her close relatives; any matter relating to the necessary Judicial Process shall care about the respect she enjoys as a woman.
(92) In the Islamic Judicial System, HUDUD Courts shall have three sections A & B & C. The A-Section shall remain for HUDUD cases and this term includes 5 great sins which have among them ZINA (that means adultery, fornication) & accusing someone of ZINA (that is termed as QADHF), the B-Section for appeals against the Basic Court's decisions; the C-Section at these HUDUD Courts shall be for QISAS & DIYAT. The Appeals Court shall remain to its name and that implies that it shall remain the court for the appeal where an appeal can be filed against a verdict given at HUDUD Courts within a month of its pronouncement there and it shall only be a single court for the whole country; the Appeals Court shall necessarily decide in the filed appeal within a month. It shall hear the appeals against HUDUD Courts' decisions that it has provided at its A-Section cases or its C-Section cases; it shall only be liable to ask review highlighting the areas of concern at the decision of HUDUD Courts; it might be authorized to hear appeals against administrative decisions too and as such, it might ask if necessary, the relevant Administrative Institution to review its decision under observation, highlighting the areas where more concentration is yet needed.
(93) The QADHI shall be an adult Muslim man who is AQIL (Sane) and ADIL (Just; clear of major sins); he shall have the authority to pronounce his verdict without any pressure upon him after hearing all relevant persons involved in the case and keeping in view all related aspects to it; he shall be able to impose that verdict with ease. He shall have the knowledge of Islam to height and shall be attentive to Allah with care to righteousness in all whatever he does. He shall never hear the case or/and never pronounce his verdict at anger, frustration or any such emotion that might lead him to give-in to some hope or to some fear as that might cause him to decide the case erroneously; he shall not decide for any case even when at extreme hunger or at extreme thirst for the same reason.
(94) In the Islamic Judicial System, there are three levels to witnesses; for the cases of ZINA (adultery, fornication) and QADHF (accusing someone of ZINA), there would be four competent appropriate honest compatible eligible Muslim Male witnesses, all of them shall be such Eye-Witnesses that have seen the crime in most obvious pattern for their plain judgment of the crime with clarity in high detail. The second level to them is for other of HUDUD in which also there shall be two competent eligible Muslim Male Eye-Witnesses not necessarily such observant of detail as in HUDUD of ZINA and QADHF; this level shall also apply to QISAS & DIYAT; the testimony of women in the cases related to HUDUD and QISAS & DIYAT is invalid though admission of the wrong-doers by themselves with total clarity and without any undue pressure, four times at different occasions for ZINA or twice at different occasions for theft and the drinking of wine, shall make an effective case against those respective wrong-doers; HUDUD Courts shall hear and finally decide all cases of QISAS & DIYAT and all cases of HUDUD; if any HADD changes to TA’ZIR, it shall still proceed on at HUDUD Court and there, the relevant QADHI shall decide it finally.
(95) In the Islamic Judicial System, the third level of witnesses relate to cases of TA’ZIRAAT; these specially pertain to cases relating to wealth & property, to matrimonial issues and to laws that the Islamic administration has made for its smooth governance. These cases shall also ask for two Muslim male competent eligible witnesses yet one of them might be substituted by two of Muslim female competent eligible witnesses here. In TA’ZIRAAT, it shall be feasible even to take-up the substantial circumstantial evidence and the assistance of modern gadgets as very high evidence to prove case against the accused person or otherwise yet only when the two of the Muslim competent eligible witnesses are available as the primary asking here. The testimony of the Muslim competent eligible female witnesses specifically without any male witnesses, shall have acceptance in the specific matters of women in TA’ZIRAAT as for instance, in the child-birth.
(96) In the Islamic Judicial System, ZINA when proven soundly with its necessary conditions against the accused, shall be punished by 100 unforgiving lashes; QADHF when proven soundly with its necessary conditions against the accused, shall be punished by 80 lashes; the Respectable Compatible QADHI may allow the execution of lashes at any of these extreme wrongs, at installment. If the witness to any of these is not sufficient in quality or quantity according to the asking of the Islamic Judicial System but the substantial circumstantial evidence or/and the substantial good deduction of facts with the assistance of the modern electronic gadgets do indicate their occurrence, the Respectable Compatible QADHI shall not abandon the issue but change it to such TA’ZIR that shall ask the relevant punishment to ZINA in high similarity to its basic respective punishment that is corporal in nature; if ZINA is not proved even as TA’ZIR, then it would become the case of QADHF when such woman is accused who is reputable in general; the corporal punishment shall comprise of 39 harsh lashes in public in the substituted TA’ZIR of ZINA and when the case is not proved and the accusation was directed to some reputable woman, then the corporal punishment shall comprise of 33 moderate lashes in public to witnesses by charge of QADHF, as the QADHI proclaims them as fibbers.
(97) The Islamic administration shall try to the utmost capacity to make constant TABLIGH towards the highly negative status of the filthy sin of ZINA at AKHIRAT if the committer of the wrong does not seek the mercy of Allah, remaining always to the good morality that Islam asks of him/her then. The Islamic administration shall monitor such persons in the best possible way that have been provided the punishment in cases to ZINA and it shall ban all such means that might ask any leaning towards this extremely heinous sin in the best possible way at the social media and the electronic media in accordance to Surah NOOR-19.
(98) The Respectable Compatible QADHI shall try his best not to substitute the other three of HUDUD with TA’ZIRAAT that are besides ZINA and QADHF. These three of HUDUD shall be decided as HUDUD only unless extreme doubts therein lead them to TA’ZIRAAT ultimately; the QADHI shall punish the accused according to the relevant TA’ZIRAAT in order yet any case that relates to HUDUD including ZINA and QADHF and it has been admitted as HUDUD here, shall remain at HUDUD Court where it came initially even if converts to TA’ZIR and even then, an appeal to it might also be registered at the Appeals Court.
(99) In the Islamic Judicial System, it is inevitable as of now that the testimony of the raped woman is admitted against the man she accuses relating to such TA’ZIR where the matter is specifically related to the woman. The case of such female claimant shall be admitted at the A-Section of the Basic Court as it shall be designated as related to TA’ZIR; there shall never be any blame to the affected woman in this case of TA’ZIR even if she is found a fibber at this case for which this case shall be closed uneventfully without any charge to her; she shall not be asked witnesses and on the contrary, her fib shall need to be proven against her by the two eye-witnesses that might be achieved with little trouble if she does have a bad reputation. The substantial circumstantial evidence and reasoning by modern electronic gadgets shall be accepted here at ease in favor of the accused man due to its designation as TA’ZIRAAT but with the couple of necessary competent eligible witnesses. Even if the man clears the charge upon his person, he shall not be liable to claim QADHF against the woman in this matter; it is better on his behalf to forget the matter then and there, with the case settled in his favor, after its closure at the Basic Court.
Al-Hamdu Lillah
Continued at Part-4