The Impact of Coercion on Hudud Punishments

Abstract

Abstract:

The intended meaning of "the impact of coercion on hudud" refers to the legal rulings that result from forcing others to commit offenses subject to prescribed punishments in Islamic law. Coercion has a significant effect on hudud punishments, as the punishment for adultery is waived for both men and women if they are coerced into it. The same applies to coercion in cases of sodomy, where the hudud punishment does not apply to the coerced party. Similarly, the punishment for slander, theft, and apostasy – whether verbal or behavioral apostasy – is waived for those who are coerced, according to the preponderant view of scholars. In cases where a person is coerced to join rebels, if they kill someone, they will be subject to retribution, but if they do not, no punishment applies to them. The waiver of hudud punishments due to coercion has an impact on society by reforming it and deterring the desires of criminals. However, the waiver of hudud does not eliminate the possibility of applying discretionary punishments (ta'zir) and compensation (daman) for each crime as appropriate.