The Sharia Foundations of Hudud Punishments: Between Textual Definitiveness and Impact Alignment

Abstract

This research addresses the Sharia foundations of Hudud (divinely mandated) punishments, examining the tension between the definitiveness of religious texts and the harmonization of their societal impact. It investigates the founding texts of Hudud punishments, evaluates their degree of definitiveness regarding authenticity (thubut) and indication (dalala), and defines the scope of Ijtihad (legal reasoning) in the implementation and application of these rulings, while considering their effects on both the individual and society.

The research explores the relationship between the immutability of Sharia rulings, the scope of Ijtihad, and the consequences of punishment. The study posits that the examination of Hudud is not limited to establishing their legitimacy but requires a critical analysis of their evidence, legal implications, conditions for application, the objectives (maqasid) they aim to achieve, and their subsequent outcomes. The research utilizes inductive, analytical, and comparative methodologies, integrating the Maqasidi (purposive) approach to elucidate the rationale, effects, and consequences of these rulings.

The study concludes that the definitiveness of the core ruling does not preclude Ijtihad in its application; rather, Ijtihad remains essential in determining the specific circumstances (tahqiq al-manat), fulfilling conditions, identifying preventive factors, and managing the implementation process. Furthermore, the research concludes that Hudud were not legislated for the sake of punishment alone, but to realize objectives related to preserving necessities, safeguarding rights, and ensuring social stability. Their impact extends beyond the offender to protect victims, families, and the wider community, thereby serving as a deterrent.

The scientific value of this research lies in its synthesis of fundamentalist (Usuli) rooting of textual definitiveness, jurisprudential (Fiqhi) scrutiny of the scope of Ijtihad, and the Maqasidi perspective on impact alignment and punitive consequences. This provides a comprehensive vision of Hudud in relation to the text, the ruling, the purpose, and the effect. It resolves ambiguity regarding the categorical nature of Hudud and the obligation to implement them, while highlighting the integration between these punishments and their comprehensive effects on the individual and societal levels through a unique, integrated methodology that ensures security, stability, and the protection of individual rights.