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The most distinctive feature of Ḥanafī criminal law is its classification of rights which determines the legal consequences of various crimes. Thus, the three kinds of rights – the rights of God, the rights of the ruler and the rights of individual – divide crimes into ḥudūd, siyāsah and ta‘zīr. The standard of proof for the ḥudūd punishments as well as the nature and extent of these punishments cannot be altered by the government as they relate to the rights of God. The qiṣāṣ punishment relates to the joint right of God and individual which is why it reatains some characteristics of the ḥudūd as well as those of the ta‘zīr. Thus, its standard of proof cannot be changed but it can be pardoned or compounded by the victim or his legal heirs. Ta‘zīr punishment may be pardoned by the affected individual, while siyāsah punishments, being related to the right of the government, may be pardoned only by the government. In the
domain of siyāsah, the government may make detailed laws, within the
parameters of the general principles of Islamic law for the purpose of defining various crimes, fixing the forms and limits of punishments for these crimes and prescribing the standard of proof for them.
Dr. Muhammad Mushtaq Ahmad. (2019) Significanct Features of the Ḥanafī Criminal Law, AFKĀR (Journal of Islamic & Religious Studies) , Volume 3, Issue 2.
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