How do we differentiate and distinguish between the hudud belonging to Allah and the hudud belonging to the servant, and what are their regulations?
Sharia rights are of three types: the pure right of Allah, such as faith and acts of worship; the pure right of people, such as debts; and a category over which there is disagreement, such as the Hadd punishment for slander (qadhf). Every right of a servant also contains a right of Allah Almighty. The distinguishing factor between the right of Allah and the right of a servant is "the permissibility of waiver (isqat)." Whatever a servant can waive is their right, and whatever cannot be waived is the right of Allah. Thus, the right of Allah Almighty is not waived by waiver, and it encompasses the interests of His servants.
All Hadd punishments are rights of Allah Almighty, such as those for zina (unlawful sexual intercourse), theft, and hirabah (unlawful warfare/banditry). These are prescribed penalties that do not accept waiver or reconciliation. As for qisas (retaliation), it is not a Hadd punishment because it is the right of a servant and can be waived. Scholars have differed regarding the Hadd punishment for qadhf (slander): is it a right of Allah or a right of the servant? It should be noted that it is permissible to pardon and conceal Hadd offenses among people, but once they reach the ruler, their implementation becomes obligatory. All Hadd punishments are rights of Allah Almighty, except for the Hadd of qadhf. The legislation of rulings is the right of Allah alone.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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