What is the ruling when Haddud of Allah and Haddud of individuals converge without capital punishment involved?
General Chapter
Al-Mughni
Book of Highway Robbers
Primary text
If Haddud belonging to Allah and Haddud belonging to individuals converge, and none involve killing, all must be enforced sequentially. The preferred order often begins with the punishment for slander due to its lightness and its nature as a right pertaining to an individual, followed by the punishment for drinking (if its penalty is greater, 80 lashes), then the punishment for fornication (which involves no destruction of property), and finally, amputation. If the penalties are equal (e.g., drinking at 40 lashes and slander at 40 lashes, though slander is typically 80), the order is flexible, but they should not follow immediately one after another if the sequence might lead to the individual's demise; the next penalty is applied only after recovery from the preceding one. The punishments do not overlap like two instances of amputation or two instances of killing because they are of different categories and do not result in the loss of the required locus of punishment.
Supporting text
Abu Hanifa and Al-Shafi'i hold that all must be enforced. Malik suggests that the penalties for drinking and slander overlap due to their potential equality in severity and being similar to two instances of killing or two amputations. Another view suggests starting with amputation because it is a pure right of the individual, followed by slander, and then drinking.