The Book of Hudud
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The Shaykh : Hudud is the plural of hadd, and the term hadd is used with many meanings. In the Book of Allah, hudud refers to both prohibitions and obligations. Regarding prohibitions, it says: . He said: . Can you, Abd al-Rahman, start? But... He said, "Speak up," and dismissed the previous words. Abd al-Rahman wanted to speak, so he was told to speak up, and our brother started... I say that in the Qur'an, hudud comes to mean obligations and prohibitions. In the case of prohibitions, it says: . And in the case of obligations: . When Allah mentioned what is forbidden for the fasting person, He said: [Al-Baqarah 2:187]. And when He mentioned what is obligatory regarding divorced women, He said: .
The term hadd is also used for the boundaries that separate neighbors. It is said, "These are so-and-so's boundaries," right? This is clear and common.
The term hadd is also used for that which establishes a definition. This is found among the logicians, who defined hadd as the description that encompasses its subject and distinguishes it from others. This is the hadd: the description that encompasses its subject and distinguishes it from others. Yes.
Al-Safarini said:
"The hadd is the foundation of every science *** A description that encompasses and reveals, so understand it"
"A description that encompasses" means it encompasses its subject. "Revealing" means it distinguishes it from others. This hadd is according to whom? According to the people of logic, it is the description that encompasses its subject and distinguishes it from others. Therefore, it must be both inclusive and exclusive.
An example of this: if I asked, "What is ritual purity?" and you said, "Ritual purity is using water on the four limbs," does this encompass its subject or not? It does not encompass its subject, because ghusl and tayammum remain for us. So it is not encompassing of its subject and is not a hadd. If you said, "Ritual purity is for a person to purify his garment and wash his face after sleeping, and the like," that would also be incorrect, because it includes what is not defined. Therefore, the hadd must be both inclusive and exclusive. If it is not both inclusive and exclusive, it is not valid.
If we were to define the obligatory, what is the hadd of the obligatory? If you said, "The obligatory is what one is commanded to do," this is not exclusive. The reason is that it includes others; it includes the recommended. Here, it does not distinguish it from others.
If you said, "The obligatory is what Allah the Exalted prefixed with the phrase 'It is obligatory upon you,' for example," that would be incorrect, because it does not encompass its subject, because the obligatory is obligatory even without this specific phrasing.
The term hadd is used, and this is what is intended here. It refers to the punishment prescribed by the Shari'ah for a sin. A punishment prescribed by the Shari'ah for a sin to prevent falling into something similar and to expiate the sin of its perpetrator. The definition, once more: a punishment prescribed by the Shari'ah for a sin to prevent falling into something similar and to expiate the sin of its perpetrator.
The last part is not a necessary condition, but we included it to clarify the wisdom of the punishment. The purpose of the punishment is not merely the punishment itself, but it has a wisdom: preventing the falling into something similar, whether by the perpetrator or by others. The second is expiating the sin of its perpetrator. An example: a man commits zina, and it is obligatory for us to flog him one hundred lashes. Is this flogging a punishment or not?
The questioner : It is a punishment.
The Shaykh : Good, is it prescribed?
The questioner : It is prescribed.
The Shaykh : Prescribed. By whom was it prescribed? By Allah Mighty and Majestic, the Shari'ah. What is the wisdom of that?
The questioner : Deterrence.
The Shaykh : Deterrence so that he or others do not do it a second time. Second: purification and expiation. If a person commits a sin and the hadd is carried out against him, Allah forgives him. Allah does not combine the punishment of this world and the Hereafter upon him. Good. By saying "prescribed punishment," we exclude what is not prescribed, as in the saying of the Prophet (peace and blessings be upon him):, Sunan ad-Daraqutni 3:5. How many times did he say "strike them"? He did not specify a number. So this striking is not a hadd, but it is ta'zir. By saying "prescribed by the Shari'ah," we exclude the punishment determined by the judge. If the judge said, "I have ruled that so-and-so be flogged fifty lashes," this is not a hadd. Who prescribed it?
The questioner : The judge.
The Shaykh : The judge. So it is not a hadd. Good. By saying "for a sin," this clarifies the reality. These punishments are for sins, and there is no punishment in the Shari'ah for anything other than a sin. There is no punishment for performing an obligatory act or for performing a permissible act. However, leaving an obligatory act undoubtedly entails committing a prohibition, but there is no punishment for it, unless it is apostasy, in which case there is execution. But execution for apostasy and execution for retaliation are not among the hudud, contrary to the later scholars who include execution for apostasy and execution for retaliation among the hudud. This is a mistake, without doubt, because the hadd must be carried out, whereas retaliation is dropped by pardon, and execution for apostasy is dropped by returning to Islam. But for example, if a man commits zina and zina is established against him, can it be dropped? Absolutely not. It cannot be dropped even if he repents, if the crime has been established by evidence. If he repents, it is not accepted. The hadd must be carried out against him.
So, the hadd in language means prevention, and in terminology it is a punishment prescribed by the Shari'ah for a sin to prevent falling into something similar and to expiate the sin of its perpetrator. It has two benefits.
Do not approach them
لا تقربوهاDo not approach them
لا تقربوهاDo not approach them
لا تقربوهاDo not transgress them
لا تعتدوهاThese are the limits [set by] Allah, so do not approach them.
تلك حدود الله فلا تقربوهاDo not transgress them
فلا تعتدوهاThe term hadd is also used for the boundaries that separate neighbors. It is said, "These are so-and-so's boundaries," right? This is clear and common.
The term hadd is also used for that which establishes a definition. This is found among the logicians, who defined hadd as the description that encompasses its subject and distinguishes it from others. This is the hadd: the description that encompasses its subject and distinguishes it from others. Yes.
Al-Safarini said:
"The hadd is the foundation of every science *** A description that encompasses and reveals, so understand it"
"A description that encompasses" means it encompasses its subject. "Revealing" means it distinguishes it from others. This hadd is according to whom? According to the people of logic, it is the description that encompasses its subject and distinguishes it from others. Therefore, it must be both inclusive and exclusive.
An example of this: if I asked, "What is ritual purity?" and you said, "Ritual purity is using water on the four limbs," does this encompass its subject or not? It does not encompass its subject, because ghusl and tayammum remain for us. So it is not encompassing of its subject and is not a hadd. If you said, "Ritual purity is for a person to purify his garment and wash his face after sleeping, and the like," that would also be incorrect, because it includes what is not defined. Therefore, the hadd must be both inclusive and exclusive. If it is not both inclusive and exclusive, it is not valid.
If we were to define the obligatory, what is the hadd of the obligatory? If you said, "The obligatory is what one is commanded to do," this is not exclusive. The reason is that it includes others; it includes the recommended. Here, it does not distinguish it from others.
If you said, "The obligatory is what Allah the Exalted prefixed with the phrase 'It is obligatory upon you,' for example," that would be incorrect, because it does not encompass its subject, because the obligatory is obligatory even without this specific phrasing.
The term hadd is used, and this is what is intended here. It refers to the punishment prescribed by the Shari'ah for a sin. A punishment prescribed by the Shari'ah for a sin to prevent falling into something similar and to expiate the sin of its perpetrator. The definition, once more: a punishment prescribed by the Shari'ah for a sin to prevent falling into something similar and to expiate the sin of its perpetrator.
The last part is not a necessary condition, but we included it to clarify the wisdom of the punishment. The purpose of the punishment is not merely the punishment itself, but it has a wisdom: preventing the falling into something similar, whether by the perpetrator or by others. The second is expiating the sin of its perpetrator. An example: a man commits zina, and it is obligatory for us to flog him one hundred lashes. Is this flogging a punishment or not?
The questioner : It is a punishment.
The Shaykh : Good, is it prescribed?
The questioner : It is prescribed.
The Shaykh : Prescribed. By whom was it prescribed? By Allah Mighty and Majestic, the Shari'ah. What is the wisdom of that?
The questioner : Deterrence.
The Shaykh : Deterrence so that he or others do not do it a second time. Second: purification and expiation. If a person commits a sin and the hadd is carried out against him, Allah forgives him. Allah does not combine the punishment of this world and the Hereafter upon him. Good. By saying "prescribed punishment," we exclude what is not prescribed, as in the saying of the Prophet (peace and blessings be upon him):
Beat them for it until they are ten years old.
اضربوهم عليها لعشرOrder your children to pray at seven, and beat them for it at ten
مروا أبناءكم بالصلاة لسبع، واضربوهم عليها لعشرThe questioner : The judge.
The Shaykh : The judge. So it is not a hadd. Good. By saying "for a sin," this clarifies the reality. These punishments are for sins, and there is no punishment in the Shari'ah for anything other than a sin. There is no punishment for performing an obligatory act or for performing a permissible act. However, leaving an obligatory act undoubtedly entails committing a prohibition, but there is no punishment for it, unless it is apostasy, in which case there is execution. But execution for apostasy and execution for retaliation are not among the hudud, contrary to the later scholars who include execution for apostasy and execution for retaliation among the hudud. This is a mistake, without doubt, because the hadd must be carried out, whereas retaliation is dropped by pardon, and execution for apostasy is dropped by returning to Islam. But for example, if a man commits zina and zina is established against him, can it be dropped? Absolutely not. It cannot be dropped even if he repents, if the crime has been established by evidence. If he repents, it is not accepted. The hadd must be carried out against him.
So, the hadd in language means prevention, and in terminology it is a punishment prescribed by the Shari'ah for a sin to prevent falling into something similar and to expiate the sin of its perpetrator. It has two benefits.