Hudud

3/8/2017, 10 Zulkaedah 1438H

Hudud is an arabic word derived from 'Had' which means 'Limitation (in singular)'. Thus Hudud means 'Limitations (in plural)'. All organised religions have hudud law for the followers to follow.

Allah revealed Torah, Psalm and Gospel to Prophet Moses, David and Jesus respectively for the people during that time to follow, as guidance. These 3 Books are compiled and known as Bible (derived from Greek word 'Biblia'), a copy of the Christian or Jewish scriptures. Christianity existed before Prophet Muhammad appointed as Prophet. islam is not a religion founded by Prophet Muhammad, but Islam founded by Allah Himself even before Prophet Adam created.

Since Bible has been corrupted, Allah revealed the Final Testament, known as Quran. That is why there are some similarities between Bible and Quran, but Allah said that He perfected the religion and approved islam as religion. Since Quran is the final revelation, so Muslims only follow the words of God in Quran only. 

Surat Al-Mā'idah (The Table Spread), chapter 5, Verse 3:

"This day I have perfected for you your religion and completed My favor upon you and have approved for you Islam as religion." (Quran 5:3)

Qisas means 'equality in punishment' for those who hurt and harm innocent people like murder.

Qisas in Bible

Exodus 21

22 If men strive, and hurt a woman with child, so that her fruit depart from her, and yet no mischief follow: he shall be surely punished, according as the woman's husband will lay upon him; and he shall pay as the judges determine.

23 And if any mischief follow, then thou shalt give life for life,

24 Eye for eye, tooth for tooth, hand for hand, foot for foot,

25 Burning for burning, wound for wound, stripe for stripe.

Leviticus 24

17 And he that killeth any man shall surely be put to death.

18 And he that killeth a beast shall make it good; beast for beast.

19 And if a man cause a blemish in his neighbour; as he hath done, so shall it be done to him;

20 Breach for breach, eye for eye, tooth for tooth: as he hath caused a blemish in a man, so shall it be done to him again.

21 And he that killeth a beast, he shall restore it: and he that killeth a man, he shall be put to death.

22 Ye shall have one manner of law, as well for the stranger, as for one of your own country: for I am the Lord your God.

Numbers 35

15 These six cities shall be a refuge, both for the children of Israel, and for the stranger, and for the sojourner among them: that every one that killeth any person unawares may flee thither.

16 And if he smite him with an instrument of iron, so that he die, he is a murderer: the murderer shall surely be put to death.

17 And if he smite him with throwing a stone, wherewith he may die, and he die, he is a murderer: the murderer shall surely be put to death.

18 Or if he smite him with an hand weapon of wood, wherewith he may die, and he die, he is a murderer: the murderer shall surely be put to death.

19 The revenger of blood himself shall slay the murderer: when he meeteth him, he shall slay him.

20 But if he thrust him of hatred, or hurl at him by laying of wait, that he die;

21 Or in enmity smite him with his hand, that he die: he that smote him shall surely be put to death; for he is a murderer: the revenger of blood shall slay the murderer, when he meeteth him.

Deuteronomy 19

21 And thine eye shall not pity; but life shall go for life, eye for eye, tooth for tooth, hand for hand, foot for foot.

Qisas in Quran

Surat Al-Mā'idah (The Table Spread), Chapter 5, Verse 32:

"Whoever kills a soul unless for a soul or for corruption [done] in the land - it is as if he had slain mankind entirely. And whoever saves one - it is as if he had saved mankind entirely. And our messengers had certainly come to them with clear proofs. Then indeed many of them, [even] after that, throughout the land, were transgressors." (Quran 5:32)

Surat Al-'Isrā' (The Night Journey), Chapter 17, Verse 33:

"And do not kill the soul which Allah has forbidden, except by right. And whoever is killed unjustly - We have given his heir authority, but let him not exceed limits in [the matter of] taking life. Indeed, he has been supported [by the law]." (Quran 17:33)

Surat Al-Mā'idah (The Table Spread), Chapter 5, Verse 45:

"And therein We prescribed for them (in Torah), "The self for the self, and the eye for the eye, and the nose for the nose, and the ear for the ear, and the tooth for the tooth, and for wounds retaliation. So, whoever donates it, (i.e., remits the penalty or the retaliation as alms "a free-will offering") then it is an expiation for him. And whoever does not judge according to what Allah has sent down, then those are they (who are) the unjust." (Quran 5:45)

Surat Al-Baqarah (The Cow), Chapter 2, Verse 178-179:

"O you who believe! Al-Qisas (the Law of Equality in punishment) is prescribed for you in case of murder: the free for the free, the slave for the slave, and the female for the female. But if the killer is forgiven by the brother (or the relatives, etc.) of the killed against blood money, then adhering to it with fairness and payment of the blood money, to the heir should be made in fairness. This is an alleviation and a mercy from your Lord. So after this whoever transgresses the limits (i.e. kills the killer after taking the blood money), he shall have a painful torment.

And there is for you in legal retribution [saving of] life, O you [people] of understanding, that you may become righteous." (Quran 2:178-179)

Surat Al-'An`ām (The Cattle), Chapter 6, Verse 164:

"And every soul earns not [blame] except against itself, and no bearer of burdens will bear the burden of another. Then to your Lord is your return, and He will inform you concerning that over which you used to differ." (Quran 6:164)

Qisas in Hadith

Anas narrated that Ar-Rubai’ bint An-Nadr (his aunt) broke the incisor teeth of a girl. The family of Ar·Rubai' asked the family of the girl to pardon her, but they refused. They then offered them Arsh, (as compensation) but they also refused. They came to the Messenger of Allah (ﷺ) asking for Qisas, and he gave orders that they should take their Qisas from Ar-Rubai'. Anas bin An-Nadr then came to the Messenger of Allah (ﷺ) and said, ‘O Messenger ofAllah! Will the incisor tooth of Ar-Rubai' be broken? No, by Him Who sent you with the truth, her incisor tooth will not be broken. The Messenger of Allah (ﷺ) then said to him, “Anas! Allah’s decree is equal retaliation.” But the family of the girl agreed to pardon Ar-Rubai'. The Messenger of Allah (ﷺ) then said, “Among Allah’s servants are those who if they swear by Allah (for something), Allah will consent to their oath.” Agreed upon, and the wording is from Al·Bukhari. [Bulugh al-Maram]

Narrated Ibn `Abbas:

The law of Qisas (i.e. equality in punishment) was prescribed for the children of Israel, but the Diya (i.e. blood money was not ordained for them). So Allah said to this Nation (i.e. Muslims): "O you who believe! The law of Al-Qisas (i.e. equality in punishment) is prescribed for you in cases of murder: The free for the free, the slave for the slave, and the female for the female. But if the relatives (or one of them) of the killed (person) forgive their brother (i.e. the killers something of Qisas (i.e. not to kill the killer by accepting blood money in the case of intentional murder)----then the relatives (of the killed person) should demand blood-money in a reasonable manner and the killer must pay with handsome gratitude. This is an allevitation and a Mercy from your Lord, (in comparison to what was prescribed for the nations before you). So after this, whoever transgresses the limits (i.e. to kill the killer after taking the blood-money) shall have a painful torment." (2.178) [Sahih al-Bukhari]

Narrated Abu Hurairah:

"When Allah granted His Messenger (ﷺ) victory over Makkah, he stood (to deliver an address) among the people. He thanked and praised Allah, then he said: 'And from whomever (one of his relatives) was killed, then he has two options to choose from: Either to pardon or that he be killed.'" [Jami` at-Tirmidhi 1405]

It was narrated that Anas said:

"A case requiring Qisas was brought to the Messenger of Allah and he enjoined them to pardon." [Sunan an-Nasa'i 4783]

References:

1. Saudi father pardons his son’s killer if he memorizes the whole Quran, https://english.alarabiya.net/articles/2012/10/14/243752.html, published 14th October 2012.
2. Man pardons son’s killer on day of execution, http://www.arabnews.com/featured/news/791136, published on 14th August 2015.