NAME: NAFEESA AHMED

CLASS: BBA-II (GROUP-A)

ROLL NO: 2019-BBA-057

ISLAMIAT STUDIES

ASSIGNMENT

SUBMISSION DATE: 07 - 25 - 2020

SUBMITTED TO: MADAM BEENISH

1) How Hudood Punishment protect the objectives of Shariah?

HUDUD

Ḥudūd in Arabic is the plural of ḥadd, meaning “limit or boundary”. Hudud in Islamic
criminal law is not found in the Qur’an but it is referred to in hadiths. The Qur’an mentions
the “limits of God” several times, warning Muslims of the sin of transgressing them and that
they should not even approach them (Qur’an 2:187). But nowhere does the phrase appear in
the clear context of labeling certain crimes.

The hudud punishments are largely a teaching mechanism for society and a deterrent for
potential criminals. The law is a teacher and an expression of society’s disapproval of the
most major crimes: theft, adultery, and murder.

Early Muslim jurists inherited the concept of a category of crimes called hudud from
references to it made by the Prophet PBUH and the early generations of Muslims. Muslim
scholars have agreed that the hudud include:

1) adultery/fornication (zina)
2) consuming intoxicants (shurb al-khamr)
3) accusing someone of fornication (qadhf)
4) some types of theft (sariqa)
5) armed robbery or banditry (ḥiraba).

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 6) public apostasy (ridda)
7) sodomy (liwaṭ)
8) assassination/premeditated murder for purposes of robbery (ghila)

Some Muslim schools of law have disagreed on whether the last three crimes should be
included. The punishment of the hudud crimes are specified in the Qur’an or Sunna and that
they are considered to be violations of the rights of God whereas some of the hudud are also
violations of the rights of humans as well

HUDUD PUNISHMENTS

The scriptural commands that specify these hudud punishments are, in summary:

Zina

The Qur’an commands that men and women who engage in fornication be lashed 100
times (Qur’an 24:2), and hadiths add that if the person is single and has never been married
then they should also be exiled for a year. Married men and women guilty of adultery are
punished by stoning, as demonstrated in the Sunna of the Prophet (peace be upon him).
Sariqa

The Qur’an specifies that the thief, male or female, should have their hand cut off “as a
requital for what they have done and as a deterrent ordained by God” (Qur’an 5:38).

Qadhf

The Qur’an commands that anyone who accuses someone of adultery and does not
provide four witnesses to the alleged act should be lashed 80 times and should never again
have their testimony accepted (Qur’an 24:4).

Shurb al-Khamr
Though the Qur’an prohibits drinking wine (khamr) and intoxication, the punishment for
drinking comes from the Sunna. The most reliable hadiths state that the Prophet PBUH
would have a person lashed 40 times for intoxication, but the caliphs Umar and Ali
subsequently increased this to 80 after consultation with other Companions.

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Ḥiraba
This crime is understood to be set out in the Qur’an’s condemnation of “those who make
war on God and His Messenger and seek to spread harm and corruption in the land.”
The Qur’an gives it the harshest punishment in Islam: “crucifixion and/or amputating
hands and feet” (Qur’an 5:33).

The vast majority of Muslim scholars have held that this verse was revealed after a group
of men brutally blinded, maimed and murdered a shepherd and then stole his camels. The
Prophet PBUH ordered the killers punished in exactly the same way. Yet prominent scholars
were skeptical of reports that he had actually ordered the murderers’ hands or feet cut off.
This disagreement between the punishments ordered by the Qur’an and by the Prophet
PBUH may have been because the Prophet’s order came before the verse was revealed, but
the ambiguity is generally understood as illustrating that the ruler/state has discretion in
deciding the proper punishment for ḥiraba.

APPLICATION OF HADUD, LOW CRIME RATE

The Muslim judges who applied the rules of fiqh also took the command of the Prophet
PBUH to ward off the hudud by ambiguities as a divine command. All indications are that
the hudud punishments were very rarely carried out historically. A Scottish doctor working in
Aleppo in the mid-1700s observed that there were only six public executions in twenty years.
Theft was rare, he observed, and when it occurred it was punished by bastinado. A famous
British scholar of Arabic in Egypt in the mid-1800s reported that the hudud punishment for
theft had not been inflicted in recent memory. In the roughly five hundred years that the
Ottoman Empire ruled Constantinople, records show that only one instance of stoning for
adultery took place and not a single case at all in the history of Syria

The hudud do not cover the most serious part of criminal law: murder. Although the
Qur’an and Sunna conceptualize murder, accidental killing, as well as physical injuries done
to others, as private wrongs against individuals and their families, from the time of the
Prophet PBUH it was the state that oversaw these disputes and carried out punishments.
These were violations of the rights of people, but they also touched on the realm of public
order and violence, which was the territory of the ruler. Since cases of homicide were
brought by the victim’s kin, the state would be responsible for bringing cases for victims with

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no kin, on the basis of the Prophet’s (PBUH) saying that “The authority (sultan) is the
guardian of those who have no guardian.” The state also often took responsibility for
compensating victims and their families when the guilty party could not be identified.

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2. Why Islam makes Taharat essential part of life?

TAHARAT

It is derived from an Arabic word “Ṭahāra” which means “purity” and taharat means
cleanliness or purification. In religious terminology, it means to be purified of physical
impurities called najasah and virtual impurities called hadath preventing worshipping.

Taharat is the system of ritual purity in Islam. Islam requires physical and spiritual
cleanliness. On the physical side, Islam requires Muslims to clean their bodies, clothes, houses,
and community, and they are rewarded by God for doing so. While people generally consider
cleanliness desirable, Islam makes it an essential fundamental of religious life.

Taharat and keeping a clean body and surroundings are very important in Islam.
Everyone must refrain from eating and drinking those things which are Najis. Najis means
“ritually unclean”. Urine, Stool, Semen, Corpse, Blood, Dog, Pig, Alcohol, Beer are considered
Najis in Islam.

FOUNDATION OF ISLAM

Observing cleanliness of the soul, the clothes, and the surroundings is obligatory upon
every Muslim, and this is considered as one of the pillars of Islam. The cleanliness of the body
and the heart is the foundation and a basic principle of Islam. As a matter of fact, the Messenger
of Allah pointed to these two issues in the following hadith:

"Islam was built on the foundation of cleanliness."

SIGNIFICANCE OF TAHARAH

Prophet Muhammad (PBUH), upon him be Gods blessings and peace, advised Muslims
to appear neat and tidy in private and in public. Once when returning home from battle He
(PBUH) advised his army:

“Soon you will meet your brothers, so tidy your saddles and clothes” (Abu Dawud, Libas, 25).

On another occasion He (PBUH) said:

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“If I had not been afraid of overburdening my community, I would have ordered them to use a
miswaq (to brush and clean their teeth) for every prayer.” (Bukhari, Iman, 26).

The Prophet (PBUH) encouraged Muslims to make a special prayer upon seeing
themselves in the mirror:

“God, You have endowed me with a good form; like-wise bless me with an immaculate
character” (Ibn Hanbal, Musnad, 1:34, 6:155).

He (PBUH) advised modest clothing, for men as well as for women, on the grounds that
it helps one maintain purity of thought. Being generous is a way of purifying ones wealth. A
Muslim who does not give charity and pay the required annual zakat contaminates his or her
wealth by hoarding that which rightfully belongs to others.

IMPORTANCE OF TAHARA

Maintaining cleanliness of the soul, the clothes, and the surroundings is required for
Muslim. Taharat is the importance as not only Allah loves those who keep themselves neat and
clean for him but it is also necessary to perform religious prayers. Allah has said in the Quran:

"In it there are men who love to observe purity and Allah loves those who maintain
purity."[Quran 9:108]

PURIFICATION IS ESSENTIAL FOR PRAYER

Cleanliness is a preliminary condition for some kinds of worshipping and an

indispensable element of health and hygiene. It is also a means of increase of sustenance. The
following is stated in a hadith:

"Keep cleaning yourself and your environment so that your sustenance will be increased."

The Prophet states the following in a hadith:

"The key to prayer is taharah, that is, cleanliness, the opening of it is takbir and the
complement of it is salutation."

In order to offer prayers, it is necessary to perform wudu or ghusl, and in some cases
both. The purifying agent is always clean water. Taharah becomes indispensable if the body or

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clothes show traces of urine, feces, semen or alcohol some add blood and pus to that list as well.
The clothes should be washed and the affected part of the body cleaned with pure water, or the
whole body given a ghusl. However, during times when water is not available or is scarce,
symbolic wudu and ghusl can be performed with clean dry earth which is known as
Tayammum.

FORBIDS HANDLING OF QURAN

In a state of minor ritual impurity, it is forbidden to handle the Quran and to read it, and
is considered to be acceptable (neutral, mubah) to recite it, although it is better to be ritually pure
at the moment. The Quran says:

“None shall touch it but those who are clean” (56:79).

CLEANLINESS IS HALF FAITH

“Cleanliness is half the faith.” (Sahih Muslim).

Islam has always encouraged the believer to be in a state of cleanliness both physically and
spiritually. Prophet Muhammad (PBUH) said:

“The key to the prayer is cleanliness, its beginning is takbir (saying Allahu Akbar) and its
ending is Salam (salutation).” (Abu Dawud).

It will be wrong to regard cleanliness as the cleanliness of the body only. The cleanliness
of the heart, good intentions and high ethics are as important as, and even more important than
the cleanliness of the body. As a matter of fact, the worship of a person whose intention is not
good will not be sincere; therefore, it will not be accepted in the eye of Allah. Therefore, the
cleanliness of the heart and the body must be combined in a Muslim; it should be known that if
both of them are kept clean, a person will be a perfect Muslim.