Rebuttal to the Objections against Implementation of Hudood Punishments

Abstract

The purpose of this study is to discuss several objections raised to Hudood punishments and implementation. Hudood means to limit or to abstain from, but technically it means a fixed punishment on specified acts determined by the Lawgiver. No one has any authority to alter, change, increase or decrease or pardon any of these sentences. These punishments are undoubtedly severe. If one keenly observes the whole structure of the Islamic criminal justice system, one finds that there are only five to seven offences, which can be labelled as Hudood offences. Only those offences are included in them which can ruin the whole society, adversely affect the public, and shack the moral foundations of society. The Islamic criminal justice system is based on the deterrence theory of punishment. The purpose of the Lawgiver is that if someone is convicted and finally executed, the other members of society will learn a lesson and ultimately abstain from committing the same offence. Consequently, peace and prosperity will prevail in society. In the matters of Hudood, the courts take great care and a Hudood punishment is rarely given.