Abstract:
The research examines the impact of the status of the offender and the victim in Islamic jurisprudence on punishment, drawing a comparative perspective. It argues that Islamic Sharia does not consider personal attributes as factors influencing punishment, neither positively nor negatively, in cases of fixed punishments (Hudud). Instead, such personal attributes are taken into account when it comes to discretionary punishments (Ta’zir). No one is held accountable for the crimes committed by others, regardless of their degree of relationship or friendship.
However, Islamic Sharia does consider the social status, and this influences the punishment, either by nullifying, mitigating, or aggravating it. If the crime does not involve a third party, the status of the offender or the victim does not affect the punishment. In such cases, the punishment is executed, or the victim may choose to forgive.
This research topic is essential within the broader context of the virtues of the complete Islamic Sharia and its policies for the well-being of individuals in this life and the hereafter. Undoubtedly, Islamic Sharia is distinguished by its comprehensiveness, perfection, and suitability for every time and place. The focus here is on Islamic jurisprudence, a wise system that brings benefits to people and protects them from harm, ensuring safety, stability, and happiness in both worlds.
The research elucidates the nature of criminal responsibility, which is personal and does not extend to others. People are equal in the application of fixed punishments and retaliation. Offenders are punished without considering their status, and victims are granted their rights without regard to their status, no matter how high it may be.
It is also clarified that the status of the offender or the victim has an impact only in cases of discretionary punishment (Ta’zir) concerning the rights of Allah alone. This impact can result in pardoning, reduction, or enhancement of the punishment.
Keywords: The status of the perperator, the status of the victim, punishment, Bounds, discretionary punishment.