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10

A Muslim who turns back from Islam and returns to disbelief is called a مرتد (murtad) in Islamic jurisprudence. The basis of this is the usage of the term in the Quran: ومن يرتدد منكم عن دينه فيمت وهو كافر فأولئك حبطت أعمالهم في الدنيا والآخرة And whoever of you reverts from his religion [to disbelief] and dies while he is a disbeliever - for those, their ...


6

Yes, intercourse with a corpse is covered in fiqh. The punishment is a Tazir according to the Hanafis and the dominant opinion of the Shafi'is and Hanbalis. And it is the Hadd of Zina according to the Malikis. وكذا وطء المرأة الميتة لا يوجب الحد ويوجب التعزير — Bada'i al-Sana'i أو كان إتيان ميتة في قبلها أو دبرها حال كونها أو كونه غير زوج فيحد بخلاف لو ...


5

Here the basical references al-Muwatta' 1, 2, 3, 4 sunan abi Dawod, jami' at-Tirmidhi 1, 2 and sahih Muslim. The ruling among scholars is what ever makes ghusl necessary (because of marital intercourse or a wet dream) makes the punishment (for adultery) necessary. Ibn Abi Zayd al-Qayrawani said in his Risala: Legal Consequences of vaginal penetration Ghusl ...


5

Yes, but on a case-by-case basis. From the long hadith narrated on the authority of 'Abdullah ibn Buraida, the Prophet ﷺ delayed the stoning of a woman from Ghāmid till after her child had weaned: قَالَ: إِمَّا لاَ فَاذْهَبِي حَتَّى تَلِدِي.‏ فَلَمَّا وَلَدَتْ أَتَتْهُ بِالصَّبِيِّ فِي خِرْقَةٍ قَالَتْ هَذَا قَدْ وَلَدْتُهُ.‏ قَالَ: ‏ اذْهَبِي ...


5

The evidence for the hadd of zina on which there is consensus is the testimony of four witnesses (Quran 4:15) or confession ( Hadith on the confession of Ma’iz bin Malik and the woman). The Hanafis and Shafis have limited the admissible evidence to this. The Malikis have also included pregnancy of a woman in the absence of marriage as admissible evidence ...


4

The scholar Al-Khattabi said about this hadith: قلت لم يأمر عمررضي الله عنه برجم مجنونه مطبق عليها في الجنون ولا يجوز أن يخفى هذا ولا على أحد ممن بحضرته، ولكن هذه امرأة كانت تجن مرة وتفيق أخرى فرأى عمر رضي الله عنه أن لا يسقط عنها الحد لما يصيبها من الجنون إذ كان الزنا منها في حال الإفاقة، ورأى علي كرم الله وجهه أن الجنون شبهة يدرأ بها الحد عمن يبتلي به ...


3

Adultery is haram no matter where one lives. The legal punishment however can only be enforced by the ruler of the Muslims or by someone who has been authorized by him. He is only responsible for enforcing it after he has been informed of the adultery by four witnesses or by a confession. Before enforcing it he is supposed to investigate the matter and make ...


3

Pregnancy might be a result of zina, but not a proof. As zina can only be proven by four witnesses if an accusation was given or four testimonies from a husband who has no witnesses plus a fifth to curse the liar: Those who commit unlawful sexual intercourse of your women - bring against them four [witnesses] from among you. ... (4:15) Without witnesses ...


3

I am assuming that you are asking about the legal punishment that is enforced by the state, as otherwise there is no prescribed way to educate or discipline children. I think parents might try to adequately convey the seriousness of your action, but they will not any give any harsh punishment. The Hadd punishment for theft is cutting the hand: والسارق ...


3

The burden of proof for hirābah is not a matter that has a difference of opinions among scholars. Proof can be established through: Al-Iqrār (Arabic: الإقرار): Confession by the person committing hirābah, or Al-Bayyinah (Arabic: البينة): The testimony of two witnesses provided certain conditions are met. The conditions for the witnesses are that they: Be ...


2

Rulings (hudūd, Arabic: حدود) are not limited by where the actual crime took place. Long as there is evidence, a Muslim ruler may apply the punishment regardless of where or when the act was committed. From the hadith about Mā'iz ibn Malik in Sahih Muslim 29/34, when Mā'iz asked the Prophet ﷺ to purify him, the Prophet ﷺ asked him four questions: The nature ...


2

No there are only hadd punishment for what goes against one of the five fundamental goals of shari'a مقاصد الشريعة which are (I'll quote example cases where the punishment may apply for each of them): The preservation of ... - Religion / Faith (din الدين) like the case of an apostate that attacks Islam - Life (nafs النفس) like somebody who kills an ...


2

It is indeed correct as per the verse (Surah Al-Isra 17:32) you referenced that Allah forbids us from approaching zina (unlawful sexual intercourse), and that zina is an immoral act. It is also correct that in Sahih al-Bukhari » Book of Divine Will » Hadith 6612, the Prophet ﷺ said that the eye gets its share of zina by looking at something sinful, and that ...


2

"‘Ubada b. as-Samit reported that God's messenger said when a number of his Companions were around him, “Swear allegiance to me on the basis that you will not associate anything with God, or steal, or commit fornication, or kill your children, or produce slander which you yourselves have falsely fabricated, or be disobedient concerning what is good. If ...


1

According to most traditional Sunni fiqh, the answer is usually 5 times No because answer 1 is a No. Also according to Sharia law, punishment according to Sharia is to be executed by the institution of the country. If there is no such institution established in the country, judgement can be made but execution is prohibited. Exceptions: If the foreign country ...


1

For a normal healthy person, the strike should be of medium intensity, neither too soft so as to be ineffective, nor too hard so as to wound or kill. The whip should neither be totally worn nor new. The executor should not raise their hand so high as as to uncover the whiteness of their armpits. A single part of the body should not be hit repeatedly rather ...


1

One of the conditions for applying the Hadd punishment is that the perpetrator must be accountable, it does not apply to a child below the age of puberty. رفع القلم عن ثلاثة عن النائم حتى يستيقظ وعن الصبي حتى يحتلم وعن المجنون حتى يعقل The pen has been lifted from three: a sleeper till he awakes, a boy till he reaches puberty, and a lunatic till he ...


1

Generally no, there is no Hudud punishment for slandering. One exception is Qadhf, which is making false accusation of immoral actions. In that case yes there is Hudud punishment for it but it is whipping not cutting off tongue. An-Noor verse 4 : And those who accuse chaste women, and produce not four witnesses, flog them with eighty stripes, and reject ...


1

The Prophet Muhammad (S. A. '. S) is noted to have said, A wrong done in this world that is punished, will not be punished in the hereafter. A wrong done in this world that is not punished in this world will have a severe punishment with Allah. As we have people that commit crimes against people and or society as a whole, we are duty bound to assist them. ...


1

This is an open and shut case: "We were with the Prophet (ﷺ) [in a gathering] and he said: 'Pledge to me that you will not associate [anything as] partners with Allah, and that you will not steal nor commit adultery.' He recited to them the Ayah. (And he said:)'Whoever among you dies, then this reward is with Allah, and whoever among you does some of this ...


1

I found no Sahih hadith regarding the subject, but I have found several Hasan hadith that all go along the lines of this: "Whoever kills his slave, we will kill him: whoever mutilates (his slave). We will mutilate him, and whoever castrates (his slave), we will castrate him." (Sunan an-Nasa'i) So, if we use these hadith, we can say that castration can be ...


1

If the burden of proof is not met or there's a doubt (even in case of an adulterer who in first place admitted his crime, but then retracted his statement or in case of a drunk when the only evidence is the odour of alcohol) then the accused Person must be released. Let's take a detailed example: In case of Theft The qadi still has the option of ta'azir ...


1

There is something called Tazeer, where a state or court can declare a punishment for a crime that doesn't have a divinely sanctioned punishment. In practice most Islamic countries have legislation to deal with such crimes, and punishments may include imprisonment and fines. Most of the listed crimes would come under harming another person's property, which ...


1

Killing of a slave is haram. Their blood is sacred like any other muslim or dhimmi and can not be shed without a legal right. If one kills his own slave, then there will not be any Qisas. That is because the owner is both the murderer and the guardian\heir. Being the latter he has the responsibility and right to take Qisas yet he can not take revenge from ...


1

Theft is a temporary crime? I dont know how do you judge that it is temporary, for if you were a victim, and you got stolen of something very much valuable, and the thief remain silence and enjoy what is stolen for you,( if he is not caught till forever) isnt that a permanent situation? Where did you get the statement of such as temporary? A crime is a crime....


1

Hadd punishments can't be prescribed for piracy because this kind of theft is not like normal theft. There is no witness for this. The only evidence is the computer records. The Islamic goverments will enforce tazir punishments for such issues. But the person may avert the punishment by paying blood money to the affected person or company.


1

I would like to say that the above incidents are not honor killings; rather, they are part of the shareeah of Islam ("the law of the land"). In the incidents (hadeeth) quoted in your question, the Islamic authority (the ruler or his representative; in this case, the Messenger(SAWS) himself) executed an injunction of the shareeah, so these cannot be ...


1

Yes, the hadith commands us to kill those that apostatize, however, not in our capacity as individuals but in the capacity of the State... It is an instruction to the Islamic Ruler and Islamic judges... In this era when the Khilafah does not exist, the rule is not accurately applied, which is why we need to re-establish one... Read Why Islam is harsh ...


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