The Doctrine of Hudud Punishments in Islamic Jurisprudence: A Comparative Review of Traditional Legal Schools of Thought

اسلامی فقہ میں حدود کی سزاؤں کا نظریہ: روایتی قانونی مکاتب فکرکا تقابلی جائزہ

Abstract

Justice is the primary need for the security and stability of society. Islam ensures the protection of individual and communal justice. Punishment refers to protecting society by reducing the occurrence of crime and injustice. To combat crime, Islamic law has a doctrine of punishment based on divine revelation. The major five traditional schools of thought contributed to the interpretation of the doctrine of hudud. This research will describe the terminological and technical understanding of hudud. It will review their reasoning and types from the legal perspective of traditional legal schools. This paper will explore the comprehension and jurisprudence of hudud. It will disclose the opinions of traditional Muslim schools on the implementation of the doctrine of hudud. This work will introduce thematic zones for researchers and scholars. It will make recommendations for implementing the doctrine of hudud in modern society in order to distribute justice. This research will reduce the misconceptions and misunderstandings of the doctrine of punishment in Islamic penal law.