Rules regarding Penalties and Blood money
(Hudood and Diyat)
Rules of penalties which are specified for some sins
2795. If someone commits adultery with his Mahram, who is related to him like his mother or sister, he should be killed by the order of the Mujtahid. Same rules apply, if a non – Muslim man commits adultery with a Muslim woman. There are plenty of narrations and Hadiths implicating on the context that putting the Hudood and penalties into effect keeps people from committing illegitimate acts and it helps them secure their worldly life and the life hereafter. It is more beneficial for them than forty days of rain.
2796. If a free Muslim man commits adultery with a woman who is not his Mahram, with her consent, he should be punished with hundred lashes, and if he commits adultery three times and after every time he received the punishment for it, i.e. hundred lashes, for the fourth time if he commits adultery he should be killed. And if he committed adultery against the will of the woman, (i.e. if the person raped the woman forcefully), he should be killed; however, if a person has a permanent wife or a bondmaid, and had a sexual intercourse with her and was also adult, sane and a free man, and can have sexual relationship with her anytime he wants, if such person commits adultery with an adult and sane woman, he should be stoned to death. In fact, he should be punished with both punishments, firstly he should be punished with hundred lashes and then he should be stoned to death; and if a person has a wife but not had sexual intercourse with her yet, apart from hundred lashes his head should be shaved too, and should be exiled from the city where he committed this act.
2797. If a person sees that someone is committing adultery with his wife, and if he is certain that he will not be harmed, and also if he finds out about the consent of his wife, he can kill both the people; or else he cannot kill his wife. And if he does not kill them, his wife will not become illegitimate or Haraam for him.
2798. If a sane and adult person commits sodomy with another sane and adult person, and both of them were consent with the act, they both should be killed. And if one of them was forced and threatened to commit the act, he should not be killed, a Mujtahid can kill the sodomite with the sword, or can kill him by burning him alive, or can tie up his hands and legs and throw him down the hill, or can crush him under the wall.
2799. If a person orders someone to kill a person unjustly, and if the killer and the person who ordered him to kill are adults and sane, then the killer will be killed and the one who ordered him to kill will be sent to life imprisonment and will remain in prison till he dies.
2800. A son who killed his parents intentionally, should be killed; however, if a father kills his son intentionally, he should give Diyat (blood money) according to the rules which will be mentioned later, and Mujtahid can also give him punishment according to his discretion.
2801. If a person kisses a boy lustfully, a Mujtahid can punish him with anything from thirty to ninety-nine lashes according to his discretion, and it has been quoted in a tradition that Allah Almighty will burn his mouth with fire, and angels of heaven and earth, and angels of mercy and wrath curse him, and fire of the hell will be prepared for him, however, if he repents for his sins, his repentance will be accepted.
2802. If a person arranges a meeting between a man and a woman to commit adultery or between two men to commit sodomy, he will be punished with seventy-five lashes. If that person is male, then apart from the lashes he will be exiled from the place where he committed the act.
2803. If a person wants to commit adultery with a woman or commit sodomy with a boy, and the only way to stop him from doing so is by killing him, then killing of that person is permissible.
2804. If an adult and sane person, falsely accuses an adult and sane Muslim man or a woman, who do not commit adultery openly, for adultery or sodomy or call him an illegitimate child (bastard), should be punished with eighty lashes with the clothes on.
2805. If an adult and sane person intentionally drinks alcohol, for the first and the second time, if he is a man, he should be stripped naked apart from his private parts, and should be punished with eighty lashes, and if it is his third or fourth time he should be killed. And woman should not be stripped.
2806. If an adult or a sane person steals a gold coin, which weighs 4.5 chickpeas or something else which has the similar price value, and if other conditions which are mentioned in the Shari’ah is also fulfilled, at first time, four fingers of the right hand of the culprit will be cut from the base, and only his palm and thumb will be left alone. At second time, as per precautionary measures, his left foot should be cut off from the middle. And at third time, he should be imprisoned till he dies there. And if he owns an estate, then his expenditure should be given from his estate, and if he does not own anything, then his expenditure will be given from Bait Al-Maal. And if he steals in the prison, he should be killed.