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When certain public rights are infringed upon, the resulting wrongdoing is termed as “maasiat,” referring to a crime or offense. This violation gives rise to specific substitute public rights known as “uqa’bat” punishments, namely Hadd and Tazir. The differentiation between Hadd and Tazir is crucial and revolves around the fundamental doctrine of Hadd itself.
Types Of Punishment:
Punishments are divided into two types:
Meaning Of Hadd:
The word Hadd literally means prevention, measure, limit.
“Hadd Means a punishment which is fixed and enjoined as the right of Allah.”
Origin Of HADD Punishment:
During the time of the promulgation of Islam, Hadd punishments were commonly practiced in Arabia. The Islamic legal system, known as MUHAMMADAN LAW, established strict conditions that needed to be met for the imposition of these punishments. These conditions were stringent in nature and aimed to ensure that Hadd penalties were applied appropriately and in accordance with the principles of justice and fairness.
Object Of Punishment In Islam:
It was held that object of punishment is reformation of convicts and not to penalize them vengeance. (Case Law 1999 MLD 2450)
Meaning Of Tazir:
Tazir literally means disgracing the criminal for his shameful conduct.
“Punishment that are at the discretion of the judge when the offence is related to a private injury are called Tazir.”
DIFFERENCE BETWEEN HADD AND TAZIR:
There is no indication is Sunnah about the difference between Hadd and Tazir. It would be open to legislature to add to the categories of Hadd and also enhance the punishment fixed by The Holy Quran and the Sunnah keeping in view, the circumstances and requirements of an age, thought the punishments so finds cannot be reduced (PLD 1983 FSC 255)
The following are some points of distinction between Hadd and Tazir.
As To Object:
The object of Hadd is prevention of a crime by following the principle of retaliation and keeps everyone in the limits prescribed by Allah. To object of Tazir is reformation and correction of the offender.
The procedure of trial in Hadd is complicated. The procedure of trail in Tazir is simple as according to same jurists judge can even render judgement on the basis of his own knowledge.
As To Right:
Violation of rights of Allah gives rise to hadd punishments. Violation of rights of individual gives rise to hudud punishments.
Commuting Of Sentence:
The penalty of Hadd cannot be commuted. The penality of Tazir can be commuted
Pardon Of Sentence:
Pardon cannot be granted in Hudud cases. Pardon may be granted in Tazir cases.
Operation Of Mistake:
Doubt or mistake has the effect of waiving the penalty of hadd. Doubt or mistake has effect in Tazir.
Rule Of Evidence:
Evidence of women is not admissible in hudud cases. The evidence of women is admissible in Taizr cases, but the nisab of one man and two women has to be maintained.
Standard Of Evidnece:
In Hudud, the standard of evidence is very high as to the number and qualification of witnesses and the conditions under which hadd may be imposed and any doubt would be sufficient to prevent the imposition of hadd. In Tazir, the standard of evidence is not so high.
Mention Of Offences:
Some jurists list seven hadd offences.
(i) Zina (ii) Sariqah (iii) Hirabah (iv) Qazf (v) Sharab (vi) Riddha (vii) Baghy Tazir offences has not be mentioned exclusively and they are innumerable.
In Hudud crimes, the judge cannot exercise his discretion. In Tazur. Judge or head of the state may exercise discretion.
Hadd punishments can be death with under Taizr. In Tazir the punishment of Hudud cannot be enforced.
In conclusion, Hadd and Tazir punishments are integral aspects of Islamic law. Hadd, which existed in Arabia prior to the emergence of Islam, represents a form of punishment predating Tazir. In contemporary Pakistan, Tazir and Siyasah are both classified under the broader category of Tazir. The enforcement of Hudud laws in Pakistan is governed by the Hudood Ordinance (No. 4) of 1979, which pertains to offenses against property, and the Zina Ordinance (Enforcement of Hadd) of 1979. These laws outline the regulations and procedures related to the implementation of Hadd punishments within the country.