Some
of the Main Legal Punishments as per Quraan and Sunnah mentioned below
by Imaam An-Nawawi (rahimahUllah), taken from 'Goal of Seekers'.
Apostasy:
This consists of abjuring Islam by intention or words or acts or rejection, whether the words were said in jest, or contradiction, or belief. They consist of a declaration:
- That the Creator or Messengers do not exist;
- That one of the Prophets was a liar;
- That one considers lawful what the 'joining together' has considered unlawful - as for instance fornication;
- That one considers unlawful what the joining together makes lawful;
- That one does not have to follow what has been decided by joining together; or
- That one intends to reject Islam, or doubts it.
An act making one an apostate is one based on an obvious mockery or denial, such as throwing a copy of the Qur'an on a muck heap, or prostration to an idol or the sun.
An effort should be made to convince an apostate to return from error, though one authority says that it is only desirable, either once or for three days. Then he is put to death. Where the guilty repents, his submission is accepted and he is let alone, unless (according to some), he has turned to an esoteric infidelity such as zandaqa (i.e. manicheeism) in which one can profess Islam outwardly but deny it inwardly.
The infant of two apostates (not one only) should be considered an apostate, according to the best opinion.
As to his property, the best opinion is that if he dies as apostate, he has lost it, but if he submits, he regains it. Debts contracted beforehand are however charged to his estate.
An effort should be made to convince an apostate to return from error, though one authority says that it is only desirable, either once or for three days. Then he is put to death. Where the guilty repents, his submission is accepted and he is let alone, unless (according to some), he has turned to an esoteric infidelity such as zandaqa (i.e. manicheeism) in which one can profess Islam outwardly but deny it inwardly.
The infant of two apostates (not one only) should be considered an apostate, according to the best opinion.
As to his property, the best opinion is that if he dies as apostate, he has lost it, but if he submits, he regains it. Debts contracted beforehand are however charged to his estate.
Fornication:
This consists of introducing the male organ into the vagina of a forbidden woman, without any ambiguity or doubt, or into the anus of a man or woman as well, according to our school, and it receives a prescribed penalty (hadd), regardless of whether it was done for payment or by consent, and is applied as well for (relations with) a woman within the forbidden degrees of kinship or marriage (e.g. sister of a living wife) even if a marriage was performed. The guilty person must be adult, sane, and aware that it is wrong. Drunkenness is no excuse.
- The hadd of an adult free Muslim or member of a protected community, who has consummated a legal marriage before this, is stoning to death. If one of the two partners has not, it does not lessen the guilt of the other;
- The hadd of a fornicator who is not adult and free or was never married is one hundred lashes and banishment for a year, and if the Imam designates a place of banishment, that must be accepted; and
- For a slave the hadd is fifty lashes and banishment for half a year.
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