Allaah  has decreed hudood punishments for major crimes in order to protect against them and as a deterrent and a punishment.

Allaah  says (interpretation of the meaning): 

“O you who believe! Al-Qisaas (the Law of Equality in punishment) is prescribed for you in case of murder: the free for the free, the slave for the slave, and the female for the female. But if the killer is forgiven by the brother (or the relatives) of the killed against blood money, then adhering to it with fairness and payment of the blood money to the heir should be made in fairness. This is an alleviation and a mercy from your Lord. So after this whoever transgresses the limits (i.e. kills the killer after taking the blood money), he shall have a painful torment. And there is (a saving of) life for you in Al-Qisaas (the Law of Equality in punishment), O men of understanding, that you may become Al-Muttaqoon (the pious)” [al-Baqarah 2:178-179]

 “And We ordained therein for them: Life for life, eye for eye, nose for nose, ear for ear, tooth for tooth, and wounds equal for equal. But if anyone remits the retaliation by way of charity, it shall be for him an expiation” [al-Maa’idah 5:45]

“It is not for a believer to kill a believer except (that it be) by mistake; and whosoever kills a believer by mistake, (it is ordained that) he must set free a believing slave and a compensation (blood money, i.e. Diya) be given to the deceased’s family unless they remit it. If the deceased belonged to a people at war with you and he was a believer, the freeing of a believing slave (is prescribed); and if he belonged to a people with whom you have a treaty of mutual alliance, compensation (blood money — Diya) must be paid to his family, and a believing slave must be freed. And whoso finds this (the penance of freeing a slave) beyond his means, he must fast for two consecutive months in order to seek repentance from Allaah. And Allaah is Ever All-Knowing, All-Wise. And whoever kills a believer intentionally, his recompense is Hell to abide therein; and the Wrath and the Curse of Allaah are upon him, and a great punishment is prepared for him” [al-Nisaa’ 4:92-93]

Allaah  divides killing into two types. In the case of deliberate killing there is a stern warning, and the Law of equality in punishment (Qisaas) applies in this case. The next of kin of the victim have the choice between qisaas, forgiving and being paid the diyah (blood money), or forgiving without taking anything. If they choose Qisaas, then they may do to the killer the same as he did to the victim, without going any further, and without killing anyone except the guilty party. Allaah  says (interpretation of the meaning):

“And whoever is killed wrongfully (Mazlooman intentionally with hostility and oppression and not by mistake), We have given his heir the authority [to demand Qisaas, Law of Equality in punishment or to forgive, or to take Diyah (blood money)]. But let him not exceed limits in the matter of taking life” [al-Israa’ 17:33], i.e., let them not kill anyone else. Hence if a sentence of capital punishment is passed on a pregnant woman, she should not be executed until she has given birth. And Allaah  has prescribed equality in qisaas regarding free men and slaves. It was narrated that the Prophet  (peace and blessings of Allaah be upon him) would not execute a Muslim in retaliation for the killing of a kaafir. (Narrated by al-Bukhaari, 111). A male may be executed in retaliation for killing a female, giving precedence to the general meaning of the aayah (interpretation of the meaning): “And We ordained therein for them: Life for life”

[al-Maa’idah 5:145] over what may be understood from the aayah (interpretation of the meaning): “the free for the free, the slave for the slave” [al-Baqarah 2: 178]. This is supported by the fact that the Prophet  (peace and blessings of Allaah be upon him) executed a Jew who had crushed the head of a young girl between two rocks, when he confessed (Narrated by al-Bukhaari, 2413; Muslim, 1672). This indicates that a man may be executed for killing a woman, and that the same should be done to the killer as he did to the victim, as is the apparent meaning of the aayah, because qisaas means that the same should be done to the guilty party as he did to his victim. The  same applies in cases where limbs have been lost or injuries caused, by analogy with the idea of a life for a life etc. For each limb or part of the body the same part in the same site should be dealt with. If they [the victim’s kin] choose to forgive and accept blood money, then they have to be reasonable; the one who has to pay should do so on reasonable terms, without delaying or trying to pay less than the amount due. This is the guidance which Allaah  gives to His slaves in the kind of interactions where people make demands upon one another. The one who is making the demand should do so on a reasonable basis and be easy-going, and the one from whom the demand is made should give in a proper manner, giving the other person his full rights and not shortchanging him or delaying.  This is the best way of interacting with others. The one who deals with others in this manner will achieve two virtues: honour in this world and reward in the Hereafter.  

The second type of killing is unintentional. In this case Allaah  does not command qisaas; there is no sin involved and the warning does not apply. But He has commanded kafaarah (expiation), whereby the killer has to free a believing slave. If he is not able to do that, then he must fast for two consecutive months, and blood money must be paid to the victim’s family by the clan of the killer. The aayah explains the amounts to be paid in the case of death and of lost limbs and injuries.   <o:p></o:p>

Allaah  says (interpretation of the meaning):

“The recompense of those who wage war against Allaah and His Messenger and do mischief in the land is only that they shall be killed or crucified or their hands and their feet be cut off from opposite sides, or be exiled from the land” [al-Maa’idah 5:33]

This is the punishment for banditry. 

Some scholars say that the imaam (ruler) has the choice in this matter to do as he sees fit. Others scholars say that the punishments differ in harshness according to the offences committed, so that one who kills and steals should be killed and crucified; whoever kills but does not steal should be killed, but not crucified; whoever steals but does not kill should have his right hand and left foot cut off; and whoever terrorized travellers should be banished from the land. This was narrated from Ibn ‘Abbaas (may Allaah be pleased with him) (Tafseer al-Tabari, 4/213) and it is the more correct view. <o:p></o:p>

Allaah  says (interpretation of the meaning):

“And those of your women who commit illegal sexual intercourse, take the evidence of four witnesses from amongst you against them; and if they testify, confine them (i.e. women) to houses until death comes to them or Allaah ordains for them some (other) way” [al-Nisaa’ 4:15]

The “some (other) way” mentioned here by Allaah  was explained by the Prophet (peace and blessings of Allaah be upon him) as meaning that the married person who commits zinaa should be stoned to death, and that a virgin should be given one hundred lashes and expelled for a year. And Allaah  says (interpretation of the meaning):

“The fornicatress and the fornicator, flog each of them with a hundred stripes. Let not pity withhold you in their case, in a punishment prescribed by Allaah” [al-Noor 24:2]  

For this punishment to be applicable, Allaah  has laid down the condition that the act be witnessed by four men whose word can be trusted; a confession does away with the requirement of four witnesses.

Allaah  says (interpretation of the meaning):

“And those who accuse chaste women, and produce not four witnesses, flog them with eighty stripes, and reject their testimony forever. They indeed are the Faasiqoon (liars, rebellious, disobedient to Allaah). Except those who repent thereafter” [al-Noor 24:4-5]  

The accusation referred to here is accusation of zinaa (unlawful sexual intercourse). The one who makes such accusations falsely is to be given eighty lashes and his testimony is to be rejected, unless he repents by admitting that he was lying.  

Allaah  has commanded that thieves – both male and female – should have their hand cut off, if the theft is proven or the thief confesses.

The aayahs (interpretation of the meanings):

“and for the prohibited things, there is the Law of Equality (Qisaas). Then whoever transgresses the prohibition against you, you transgress likewise against him” [al-Baqarah 2:194] 

and

“Allaah does not like that the evil should be uttered in public except by him who has been wronged” [al-Nisaa’ 4:148] 

indicate that qisaas applies in cases of lost limbs, injuries, damage to property (vandalism), slaps, etc. Retaliation against slanderers may be taken in kind, without going to extremes.