the methods of punishment under the ancient judicial system of the Muslim period. Islamic criminal law during that time was composed of three main categories of crimes and punishments:
-
Ḥudūd (Prescribed Crimes and Punishments):
- These are specific crimes that have fixed punishments prescribed in the Qur’an and the Sunnah (traditions of the Prophet Muhammad).
- Examples of ḥudūd crimes include theft, adultery, false accusation of adultery, and consumption of alcohol.
- The punishments for ḥudūd crimes are severe and include amputation of limbs, stoning to death, and flogging1.
-
Qiṣāṣ (Just Retaliation) Crimes and Punishments:
- Qiṣāṣ crimes involve aggression on life and limb through homicide and bodily injuries.
- These crimes are also based on scripture, but they allow for adjustment and pardoning by relevant parties and authorities.
- For example, if someone causes bodily harm to another, the victim or their family can choose between seeking retaliation (qiṣāṣ) or accepting blood money (diya) as compensation1.
-
Taʿzīr (Deterrent but Discretionary Punishments):
- Taʿzīr encompasses all other offense types and transgressions that do not fall under the ḥudūd or qiṣāṣ categories.
- These crimes are not quantified and remain open to judicial discretion by rulers and judges.
- Taʿzīr punishments can vary depending on the circumstances and the judge’s assessment of the situation1.
In summary, the ancient Islamic judicial system had a well-defined framework for handling crimes and punishments, with distinct norms, evidentiary standards, and procedures for each category.