In Islam, penalties and punishments for felonies and other crimes have been prescribed which should be awarded under the supervision of the Islamic Government. Their object is to ensure security of social order and to uproot mischief from human society.

These punishments are called Hudud and according to the Shi’a Faith they are as under:

(I) Punishment For Adultery And Fornication

When a sane person commits an immoral act knowingly and wilfully with a stranger woman in a manner opposed to chastity, it is obligatory for the Islamic Government to administer him one hundred lashes. In case he is married he should also be stoned (Rajm). However, if that be not the case, one hundred lashes should suffice. Thereafter, his head should be shaved and he should be banished from his town for a period of one year.

If the woman also gives in to this act willingly, she should be subjected to punishments like man.

In case this offence has taken place with relations of the same blood or foster relations, or father’s wife, or if a Dhimmi (i.e. a non-Muslim living under the protection of an Islamic Government) commits this offence with a Muslim woman or this act is committed with a woman under coercion or violence (i.e. rape) the penalty is death.

Adultery can be proved either by making confession four times or by the evidence of four just male witnesses or by the evidence of three just males and two just females.

If only two just men and four just women testify, the only punishment of one hundred lashes will be awarded and the offender will not be stoned.

Adultery cannot be proved by any testimony lesser than those mentioned above. In case only three or two persons give evidence regarding adultery, not only will their evidence carry any weight, but they themselves may also be awarded punishment for accusing others of adultery (Qazf) as will be explained later.

In the case of evidence regarding adultery it is necessary that the testimony of the witnesses should be correct beyond doubt and all of them should be eyewitnesses.

If a person admits having committed adultery (Zina’ al-Muhsina) but later denies, he shall not be stoned.

If a person admits having committed adultery and later repents, the Islamic Ruler may decide to forgive or punish him in the manner he deems expedient. In case, however, the offender repents, after the witnesses have deposed, his repentance will be ineffectual and he shall be awarded punishment.

If a person is found guilty of adultery twice and is awarded punishment each time and commits this offence for the third time, he should be executed.

Punishment cannot be enforced against a pregnant woman before delivery or against a sick person before recovery.

(II) Punishment For Sodomy And Lesbianism

Punishment for none of the Major offences is equal to that which is prescribed for this dirty act so much so that the punishment of burning alive has not been fixed in Islam for any offence other than this.

The Islamic Ruler has the discretion to punish the culprit either by killing or stoning, or burning alive or hurling down from such height that his bones should break. In regards to the person who has been the object of sodomy he may be sentenced to death in case he is sane, adult and free in his actions. If, however, he is a minor the ruler should subject him to Ta’zir1.

The manner of proving sodomy is the same as prescribed for adultery.

Lesbianism can also be proved in the same aforesaid ways and the punishment prescribed for it is one hundred lashes for both the sinners. It is also probable that if the women are married the punishment of stoning may be fixed for them.

Punishment for a person who acts as a pimp is twenty-five lashes. Thereafter, his head is shaved and he is banished from the town. The method of proving such an act is evidence by two just witnesses or confession made twice.

(III) Punishment For False Accusation

Whosoever accuses a Muslim, and is of full age and a free person, of an offence which carries punishment (e.g. adultery, fornication, sodomy, lesbianism, or drinking wine) but cannot prove it, should be administered eighty lashes. However, if he proves it by means of just witnesses or the person concerned confirms it himself the punishment ceases to be valid in his case.

To prove that a person has attributed such an offence to another (without justification) it is necessary that there should be two just witnesses or the person concerned should make a confession on this behalf twice.

If a person attributes something discomforting to another in his face that does not exist in the latter (e.g. says, “O libertine! O debauchee! O leper!”) he should be subjected to Ta’zir. Whoever claims to be a prophet or says something abusive or unbecoming about the Holy Prophet or Holy Imam should be executed.

(IV) Punishment For Drinking Alcoholic Beverages

Punishment prescribed for a person who is of age and who drinks knowingly and intentionally wine, beer, grape water (before two thirds of it is evaporated by boiling) or any kind of alcoholic beverage, whether new or old, is eighty lashes on his bare back. In case he repeats this action and is again awarded punishment but even then, does not desist and again repeats this action, his punishment, when he is found guilty for the fourth time, is that he should be executed. This would be the position if he considers these beverages to be unlawful. However, in case he denies their being unlawful and drinks them he is an apostate and should be awarded capital punishment in the very first instance.

Those who undertake the sale of wine should, in the first instance, be advised to repent. If they repent and abandon this business, they would not be subjected to any punishment. However, if they insist on continuing this business, they should be executed.

(V) Punishment For Theft

If a sane person who is also of age, commits theft and steals from a secured place (i. e. secured with lock, chain, chest etc) property worth about 1/4th of a mithqal (4.5 grain) of pure gold or more, a reference should be made to the Islamic Ruler. In case the offence is proved by bayyinah or the thief himself makes a confession; four fingers of his right hand should be cut off. If he commits this offence for the second time, a part of his left foot should be cut off. In case he commits this offence for the third time he should be awarded life-imprisonment. And if he repeats this offence even then, he should be awarded capital punishsment.

If, before being awarded punishment a person has committed theft a number of times, he should be subjected to only one punishment.

In case a minor or an insane person commits theftht, he can be awarded punishment in the shape of Ta’zir under the orders of the ruler.

In case the stolen property is destroyed, it is necessary that the thief should pay compensation for it. Compensation can be ordered if the person committing theft makes admission one or a just witness testifies it on oath.

If a father steals something from the property of his child (son or daughter) the punishment (cutting of fingers) is not enforced against him. However, if the child (son or daughter) steals from the property of his/her father he/she is awarded punishment subject to the conditions mentioned above.

(VI) Punishment For Violence And Corruption

If anyone takes weapons in hand (whether in the land, sea or air) and threatens people with the object of looting their property it is the duty of the Islamic-Govern­ ment to award him one of these punishments which have been mentioned in the Holy Qur’an:

“The only punishment for those who fight against Allah and His Messenger and try to spread corruption in the land is that they shall be killed, crucified, or their bands and feet shall be cut off from the opposite side or they shall be banished” (5:33).

And whenever the ruler orders the banishment of that person, he (the ruler) should write to the people of that town (to which he is banished) that they should refrain from sharing their victuals with him, or associating with him or having any dealings with him until he repents.

In case a person attacks the houses of the people, and is killed in the process, his blood carries no value like the blood of a person who violates the honour of a woman or a girl. In such an event the inmates of the house have a right to defend themselves by whatever means they can and if the attacker is killed in the meantime his blood has no value.

In regards to people who are guilty of embezzlement, fraud and forgery or giving false evidence, it is for the Islamic Ruler to award them such punishment as should serve as a deterrent for them and a lesson for others.

(VII) Other Miscellaneous Punishments

If a person commits an unnatural offence with a quadruped, he should be punished in the shape of Ta’zir. If he commits this offence time and again and does not desist from it in spite of being subjected to Ta’zir every time, he should be executed.

If the animal belongs to the category of those animals whose meat is lawful, the same will become unlawful after the perpetration of this act. Similarly, the flesh of its future offspring would be unlawful. Such an animal should be slaughtered in the first instance and thereafter its corpse should be burnt and destroyed. The person guilty of this act, is required to pay the price of the animal to its owner. In case the particular animal gets mixed up with other animals, one animal should be selected by casting a lot.

In case, however, the animal belongs to the category of those whose flesh is not usually eaten (e.g. horse and the like) it should be taken to another town and sold there. The proceeds of the sale should be given away as alms in the path of Allah and the person who has been guilty of the act in question should pay the price of the animal to the owner. There are two ways of proving the perpetration of the act in question, namely, testimony of two just witnesses or confession by the offender twice.

When a person commits adultery with the dead body of a stranger woman, maximum punishment which would have been applicable in the event of her being alive, would be enforced in a severer manner. In case, however, a man commits sexual intercourse with the dead body of his spouse or slave-girl he should be subjected to Ta’zir.

As in the case of adultery while alive, as well as in the case of sodomy, the method of proving this act (i.e. sexual intercourse with a dead body) is the evidence of four just witnesses.

Everyone has a right to defend his life, property and honour by all means available to him. However, as far as possible, he should resort to easier means but if such easier means do not bear fruit, he can gradually resort to more effective means so as to ward off the invader by undoing. his action.

As and when a person peeps into the house of someone from above the wall and does not desist from this act in spite of being warned, the inmates of the house have a right to drive him away by stoning him or by any other means. Even if his blood is shed in this process nobody will be held responsible for it.

Muder - Retaliation And Compensation

Killing of an innocent person is one of the serious crimes in Islam. It is this very murder which has been referred to in the Holy Qur’an as the mischief and corruption in the land. The Holy Book also says:

“Whoever kills a believer intentionally, his recompense shall be Hell, where­ in he shall abide forever” (4:93).

Similarly, amputation or rendering useless any part of the human body is also a great crime.

In any case a felony (whether it be murder or rendering the limbs useless) does not fall beyond one of the following three categories, viz:

(i) Intentional

(ii) Resembling an intentional one

(iii) By mistake.

The meaning of intentional felony is quite clear. In regards to a felony resembling an intentional one, it means that though that act was committed by the person concerned intentionally he did not mean to kill the other. For example, one person may strike the other by way of chastisement and the means used for it may also not be such as usually culminating in death. However, by sheer chance and without the former having intended or thought of it, the other person is killed. This will be called “resembling an intentional murder”.

In regards to felony committed by mistake; it means that the people concerned should have intended neither manslaughter nor the basic action which has led to it. For example, one may intend to hunt a bird but may suddenly hit a man. Or that he may raise the rifle or revolver and a bullet may be fired from it accidentally, killing another.

One of the clear examples of felony committed by mistake is that committed by one during sleep or due to error, without having had any pre-thought about it. Actions emanating from an insane person or from a child not possessing power of discrimination or even from a child possessing such power are also tantamount to a mistake, because even an intentional act of a minor is treated to be a mistake.

If a person wishes to kill another without justification, but accidentally hits a third person whose blood too demands security and respect, he will be treated to have committed an intentional felony. In case, however, he wishes to kill a man whose killing is justified, but accidentally hits another person, his action will be treated to be a felony resembling an intentional one.

It may also be mentioned that in the cases stated above there is no difference between Mubashirat (Directly) or Tasbih (Indirectly) i.e. it is immaterial whether the person concerned commits felony with is own hands or provides means which culminate in its been committed by someone else (of course, in case the providing of means is such that the action should be attributed to the person who has provided them). Similarly, there is. no difference between individual action and joint action. i.e. a felony is unlawful whether committed by an individual alone or by a number of people jointly and the person or people concerned should be awarded punishment.

According to law, punishment by way of retaliation (Qisas) can be awarded in the case of intentional felon alone and only compensation or blood-money (Diyah) is admissible for felony by mistake. Furthermore, retaliation is admissible in case the person who has committed a felony is sane and adolescent. Hence, retaliation cannot be applied to a minor even of ten years old, whether he has committed a felony with regard to a minor or otherwise.

The same is the case with an insane person when he commits a felony in the state of insanity (whether his insanity be permanent or periodical). It is also immaterial whether or not the other person is insane like him, for retaliation is nor admissible in either case. The reason for it is that his intentional act is also tantamount to error which invites only compensation. The compensation in his case should also be paid by his near relations from his father’s side like brothers, paternal uncles and paternal cousins.

These are the conditions of retaliation as far as the felon is concerned. In regards to the person on whom felony is committed, it is necessary that he, too, should be sane and of age. In case, therefore, a minor is subjected to felony, compensation and not retaliation would be admissible although some scholars believe that retaliation is admissible in such cases as well). The same is the case with an insane person.

Another condition of retaliation is that the felony should. not have been committed under compulsion. This condmon is, however, attached only to cases other than murder and compulsion is immaterial in this case. In other words, a person is not permitted to kill an innocent person o the ground that he has been forced to do so or because his own life is in danger or he apprehends some other ham: The reason for it is that there can be no Taqiyyah (Disimulation) in the matter of murder. He should be subjected to retaliation and execution. In regards to the person who compelled him to commit murder he should be imprisoned for life.

Another condition is that the person who has been subjected to a felony should be innocent and his blood should be worthy of respect. In case he is one who must be punished by death, the question of his killer being subjected to retaliation does not arise.

If the felon is the father or grandfather of the person subjected to felony (whether the grandfather be proximate or not) he is liable to pay compensation which should be distributed among the heirs of the victim but he himself (i.e. the felon) should not take any share out of it. Moreover, a Muslim is subjected to retaliation for having committed a felony only against another Muslim, and Similarly, a free man vis-a-vis a free man or a free woman vis-a-vis a free woman.

However, if a free man is murdered on account of his having committed felony upon a free woman it is the duty of the guardian of the woman to pay to the kinsmen of that man compensation equivalent to half the prescribed amount because compensation paid in such a case is treated to be equal to twice as much as ordinary compensation.

However, when the position is reverse of that mentioned above i.e. i f a free woman is subjected to retaliation for having killed a free man and is consequently executed it is not necessary that any compensation should be paid to the kinsmen of the murdered person because a felon cannot be subjected to any penalty over and above the capital punishment.

Amount Of Compensation

Compensation for the murder of a free Muslim is one hundred camels or two hundred cows or one thousand sheep or two hundred suits of dress, each of which should consist of two sets, or one thousand dinars. Every one of these is sufficient compensation.

As has been pointed out, the kinsmen of a murdered person are entitled to claim retaliation. In case, however, they agree to accept compensation, retaliation would lapse. It is also necessary that the said compensation should be paid to them within the maximum period of one year.

In the case of in order resembling an intentional one, however, only compensation is allowed and the maximum period for its payment is two years. Similarly, in the case of murder committed by mistake, compensation is allowed but the maximum in period for its payment is up to three years and at least one third of it should be paid every year.

Now in regards to felonies which result in the parts of the body being rendered useless e.g. amputation of hand or foot or blinding the eye and the like. In such cases, if the felony is committed intentionally the felon may be subjected to retaliation namely, an eye for an eye, an ear for an ear, a tooth for a tooth etc. as has been mentioned in the Holy Qur’an.

In case, however, any part of the body is rendered useless as a result of mistake or something resembling it, there is a special compensation for that part. Some ol these compensations are about as much as the total compensation for a human life, while others are half of it and still others are even lesser than half. Generally, the compensation for those parts which are single (e.g. nose or male organ) is equal to one full compensation. However, In regards to parts which are more than one (like eyes, ears, hands, feet etc.), compensation equal to one half of full compensation is payable if one of them is destroyed, bu t in the event of both of them being destroyed full compensation becomes due.

Compensation for intentional felonies or those resembling intentional felonies is the responsibility of the felon, but in the case of felony by mistake, it is payable by felon’s kinsmen from father’s side like brothers, paternal uncles and paternal cousins.

The above is a brief description of Shi’a beliefs relating to retaliation and compensation. Further information on this behalf may be obtained from detailed books written on the subject.

Our intention has been only to point out some of the Shi’a beliefs relating to different items of Jurisprudence. As such we have not at all mentioned a large number of topics and branches of Jurisprudence like time-bargains, sale of consumer goods, sale of fruits on trees, sale of animals and similarly, monopoly, mortgage, loans, deposits, tenancy, competition, surety, assignment, guarantee, promises, atonements, etc. although all these subjects have been discussed in detail in Ja’farite Jurisprudence.

O Scholars of Islam! Have you observed anything in these propositions which we have put forward regarding Shi’a Faith which may destroy the foundation of Islam?2 Has any of these things been copied from Judaism, Christianity or Zoroastrianism? Can anything be observed in these discussions which may be opposed to the principles and commands of Islam or beyond the span of the Holy Qur’an and the Sunnah.

And has not the time now arrived that just and knowledgeable people should give a clear verdict in this behalf and the ignorant people should desist from falsehood and calumny after becoming acquainted with these facts?

It is possible that Almighty Allah may, under the auspices of these discussions, change this dispersion into unity and alliance and the fear which Muslims entertain in their hearts against one another may disappear so that all Muslim brethren should come together under the standard of the Holy Qur’an and regain their former greatness and leadership of the world.

It should, however, be remembered that unless the Muslims forsake unjustified religious bigotry and racial fanaticism, this great wish will not be fulfilled and they will not regain their honour and real life.

I have always reiterated these words that we should treat all Islamic Schools of Thought to be respectable and consider ourselves above all these differences.

The Muslim brothers should sincerely exchange love and friendship with each other and should share their profits in the manner that they should work for their benefit by themselves. They should not deal with one another in a manner which should damage their authority and supremacy. They should, in the real sense of the word like the same thing for their religious brethren which they like for themselves.

However, it is possible that with all the differences which exist generally among the Muslims today some people may consider the establishment of such friendly relations and acquisition of sublime attributes to be only a dream and wishful thinking.

Nevertheless, we have not lost hope in Divine Mercy and do not consider it beyond the Grace of Allah that He may infuse fresh spirit into the lifeless frame of this despairing nation and favour it with a new life so that the eyes of Muslims may acquire sight and they may, with Allah’s Grace, recover from this stupor.

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• 1. Ta’zir carries the meaning of admonition. It covers all the corporal punishments which are not prescribed in law and the decision about their extent depends on the circumstances, people, conditions and discretion of the ruler. In most of the cases their extent has been fixed at twenty-five lashes.
• 2. This is with reference to the attacks made on Shi’a Islam by Ahmad Amin in his book Fajr al-Islam.