Criminal law (hudud) constitutes a kind of criminal act which was regulated in detail
and fixed. Therefore, it is impossible to make any interpretation or modification. All rules
which had been stated by revealed text (nash) should be implemented as they are in reality.
Change and modification toward original rule should be viewed as changing and modification
in the category of “tsawabith” and “qath’iyyah” in the sharia. In fact, there are many norms of
criminal law which are not applied any more. Besides, there are some thoughts in Muslim
millien that made possible applying law sanction differed from what has been ruled in
criminal law. For instance, prison for thief instead of cutting hand. In this regard, the writer
tries to analyze this issue in the perspective of the philosophy of Islamic law