Shadee Elmasry – The 9 Hudud Crimes and Punishments Explained
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What are the Hadoop punishments? And do they still apply today?
Well the answer is in, in theory, all of the Sharia applies until
the end of time in terms of the hokum the belief about the
application, ALLAH SubhanA wa Tada said the Prophet sallallahu alayhi
wa sallam was sent to all people. So people today are part of all
people. The question is up to the ruler or up to the people, how
they're going to apply it, when they're going to apply it. That's
really up to the people, but it is an obligation at all times. So
what are the dude? First of all, punishment in Islam is for two
things in general, public sinning and the oppression of people and
the method of the punishment is in two different ways. One is called
Hadoop and one is called Tassie. And as for Hadoop, it's what Allah
subhanaw taala said explicitly and listed in the Quran and as for
Tassie, it's the discretionary punishment of the ruler of the
government they're the ones who decide to the ruler can decide or
his shoulder can decide his Senate that could decide what should be
the right punishment for this. The head crimes are nine murder,
injury, rebellion, apostasy fornication false accusation of
Zina robbery and it has conditions terrorizing the public any
terrorizing in public publicly drinking alcohol there are three
here if you notice there are victims here murder of course,
injury of course and set it I was robbed in mind what my well, so
the body and the well there are victims here, in this case, two of
these have a victim, the one who was robbed and the one who was
injured one of them has inheritors of victims. This is called in
today's parlance, restitution of justice. In other words, it's
justice in which the victims are involved and the victims are they
have a choice in what happens it's not that the way the system is
today where the criminal is taken to court and the victim is just
sitting in the back of the courtroom watching if the criminal
is found guilty, then we bring that victim up and say you're part
of now the punishment so you can do three things you can forgive
him altogether can ask for the blood money and you can not accept
any of that and insist on kiss us. So in the case of injury and
robbery, the victim of the of this crime has the choice by himself.
But in the case of murder, the inheritors have this choice, or
every one of them has the choice. Now of course you can't have a
partial execution. So if one of them says that I want the blood
money or I forgive then immediately it downgrades to
either to either blood money or forgiveness, the restitution or
justice is in three ways either kiss us I want to see him punished
or dia I'll take the blood money instead or Apple complete
forgiveness and it's up to the victims. Now we ask the question,
what are the actual sauce so for murder, if it's proven its
execution, if it's injury, its eye for an eye and the murder and the
eye for an eye this happens exactly how he did it provided
that there's no torture involved. Number three rebellion the
punishment of rebels is execution. The punishment for apostasy is
execution after three days chance to repent the punishment for Zina
fornication and adultery if the person was not married, then it's
100 lashes and one year imprisonment in the medical school
number six, falsely accusing somebody of Zina at lashes
robbery. It's not any old robbery, theft. I mean, it's robbery that
means you broke a lock, you sold something at a certain value and
you left with it. So for that you lose your hand, you're going to
lose your hand for for herrada its execution or banishment and the
ruler may not forgive this because this is its public. What is an
example of someone terrorizing the public who robber like someone
opening up, let's say in a abandoned road or a road that
where the police don't go oftentimes they go set up shop
there. And as you're walking past, they come in the old days a gang
and they take all your stuff, you're terrorizing the people in
public. And then number nine showed up at a club that is at
lashes and that's based upon Satana Ali was asked by sitting on
Mount about this and he said when someone drinks they say things
that are that could be he could say cut so as an added cut, it's
at lashes based upon that now the compensation what is the
compensation it's 1000 dinars of gold and the dinar at the time of
the Prophet peace be upon him was 4.25 grams of gold with
differences of opinion on this just to let you know, you may hear
a different number but the majority number that said is that
the dinar of the time of the messenger sallallahu alayhi wa
sallam was 4.25 grams of gold. So that makes the blood money of the
human body to be 4250 grams of gold What is today 4250 grams of
gold worth. So that's the full day of the body but there are other
body parts that are so important that they're worth the whole deal.
For example, you lose your intellect any of your senses
smell, taste, sight, speech, hearing, the ability to have *,
the ability to have offspring, the ability to sit down the ability to
stand up at one eye if someone was only had one eye to see their
blind in the left eye and you poked out the right eye entire
deal. Now after these nine crimes, there are many other crimes people
do in the world in society. What about them for that? We said
there's Tassie, Tassie, it is discretionary punishment by the
ruler or his shooter or the government and what is he allowed
to do? He's allowed to imprison the person and amount of time that
would make him change his ways. He's not allowed to give put him
in jail for life just like that. The way we do here. If you want to
talk about cooling on you
usual punishment that's extremely cruel and unusual punishment. Ask
any person you committed a crime and you want to just get flogged
and go home to your wife and your kids. Yeah, he may be a criminal,
but me, he may be like American Gangster, he's good to his family.
There are many criminals, many mafiosos they're bad people, they
commit crimes. They're bad people for the society, but they're good
to their family. So why are you going to deny someone a father? Do
you know that there was a statistic the other day that was
stated that if you were to reduce or remove legitimacy from the
crime statistics, it would go down by like two thirds most criminals,
they're illegitimate. They have no dads. So if you're putting all the
dads in jail, you're actually producing more criminals, you
start to wonder maybe that's what you guys intended. So he is
allowed to imprison him for a time that would change his behavior.
Another thing is that he's allowed to publicly condemn him. Okay, the
next one he's allowed to do Is he allowed to flog you any amount of
floggings as opposed to the other mega hit that you can't pass 40
The next one is if you're harming people, he's allowed to force you
to sell your house and move if you're a nuisance to the
neighborhood. He's allowed to execute you to drug dealers for
example, like the guy all the way at the top Do you know how many
lives this guy ruins execution is on the table but what May he not
do? He may not take your money, we can't find people for things that
unless there is a direct permission in the city to find
that person. Okay, let's talk about the nature of the floggings
lashes are with a leather strap that may not break the skin or
break the bones cannot do either one and the hitting should not be
light and should not be hard and should be between the shoulder
blades on the back of the person and he shouldn't wear a heavy
garment that would block the strikes nor should he be naked,
shirtless. I mean he should be sitting down and he should not be
wrapped up. He shouldn't be tied up or handcuffed or anything like
that. And he gets this strike sitting down. You're not allowed
to use both joints, the elbow and the shoulder. So you could flog
like this or you can flog like this there's no roundabout as if
you're like an Olympic thrower and the punishment should be witnessed
by the public punishments are meant to be to scare people off