Difference between Hadd and Tazir

Difference between Hadd and Tazir

1. Introduction 

2. Types of punishment 

(i) Hadd
  (ii) Tazir

3. Hadd 

(I) Meaning of Hadd

(i)literally means limit.

(i) Legal meaning: “Hadd means a punishment which is fixed and enjoined as the right of Allah.”

(II) Origin of Hadd punishment
 4. Tazir

(I) Meaning of Tazir

(i) Literal meaning: disgracing the criminal for his shameful conduct.
(ii) Legal meaning:

“Punishments that are at the discretion of the judge when the offence is related to a private injury are called Tazir.”
5. Difference between Hadd and Tazir
 Hadd and Tazir.
(I) As to object
limits prescribed by Allah.
Reformation and correction of the offender.
(II) Procedure
trial in Hadd is complicated.
Trial in Tazir is simple

(III) As to right
Violation of rights of Allah Violation of rights of individual

(IV) Commuting of sentence 
The penalty of Hadd cannot be commuted.
The penalty of Tazir can be commuted.

(V) Pardon of sentence:-cannot be granted in Hudud cases.
may be granted in Tazir cases.

(VI) Operation of mistake:-Doubt or mistake has the effect of Hadd. Doubt or mistake has no effect in Tazir.

(VII) Rule of evidence:-The evidence of women is not admissible  The evidence of women is admissible in Tazir cases,

(VIII) Standard of evidence :-In Hudud, the standard of evidence is very high In Tazir, the standard of evidence is not so high.

(IX) Mention of offences:-

p(1) Zina

(2) Sariqah

(3) Hirabah

(4) Qadhuf

(5) Shrub

(6) Riddah

 (7) Baghi

(X) Discretion :-the judge cannot exercise his discretion. judge or head of the state may exercise discretion.

(XI) Replacement

 6. Conclusion