Penal Code (al-Hudūd)
Their reference is to the imams of guidance. No one else but them can establish them.
They are divided into different types:
● The first: the punishment for adultery, which is inserting the penis in the vagina or the anus [of an unlawful person], even if it was of a beast. The punishment of the doer is one hundred lashes if he was single, but if he was married, then he is to be lashed like this and stoned till death.
● The second: the punishment for falsely charging someone with adultery, which means that he accuses another one with adultery, or he insults him by saying: “You son of a whore.” Its punishment is eighty lashes.
● The third: the punishment for drinking wine, which is to drink an intoxicant on purpose, even if it was very little. Its punishment is also eighty lashes.
● The fourth: the punishment for the thief, which is when the adult Muslim steals ten dirhams or what is equivalent in value. It’s punishment is cutting his right hand from its wrist. If he repeated such a behaviour then his left foot is to be cut too.
● The fifth: the punishment for the brigand who terrorizes people on the roads. The imam punishes him or deports him only if he did not steal or kill. But if he stole some money like the amount that requires the punishment of the thief, then his hand and his foot are to be cut from opposite sides. If he murdered, then he should be killed by the imam and to be crucified.
Crucifixion and killing are the punishments for the one who fights against Allah, as well as the apostate, magician, and pimp.
Deciding to imprison or beating is up to those who are in authority according to what they see. The competent governors who have knowledge and justice are the ones who can decide the type of punishment. This is to be done for every sin that does not require the penal application.
What is related by Allah cannot be eliminated except by repentance. What is related to a human cannot be eliminated except after asking him to forgive it or eliminate its reason.
