What is the ruling when only Haddud exclusively belonging to the individual (human rights) converge?
General Chapter
Al-Mughni
Book of Highway Robbers
Primary text
When only penalties exclusively belonging to the victim (such as Qisas and the punishment for slander) converge, all must be enforced. Enforcement commences with the lightest penalty: first, the punishment for slander, then amputation, and finally, execution. This is because they are established rights of human beings that are enforceable, unlike rights solely belonging to Allah.
Supporting text
Abu Hanifa argues for the subsumption of lesser penalties into capital punishment, relying on the statement attributed to Ibn Mas'ud and analogy with Haddud purely belonging to Allah. The opposing view maintains that penalties not involving killing are rights of humans and are not waived by a capital penalty, contrasting this with the rights of Allah, which are based on leniency.