Studying in HAD and TAZIR crimes stand in the same confirmation relationships by analyzing SHAHID THANI statements in MASALEK

It must be understood that some sins, namely those actions that are or are felt to be highly reprehensible or immoral acts considered to be transgression against divine law, such as a fasting man who has coitus with his wife during period of the month of the Feast of Ramadan have the punishment of doubt to be either HAD or TAZIR. The reason why is because on one hand, these punishmentsaredecreed and predestined for certain crimes, and on the other hand many Fokaha’s believe that those who commit these acts deserved to be punished with TAZIR. Since determining whether to be HAD or TAZIR can lead to substantial effects such as permission to intercede in HUDUD, lack of bail or guardianship, lack of swear in HUDUD and many other ones related to HUDUD and TAZIR, it is necessary to determine whether the penalties are considered as HAD or TAZIR? Studying the nature of both HAD and TAZIR, the authors came to the conclusion that these punishments are classified as HAD punishment due to many traditions expressing the contrast between HAD and TAZIR. If there is doubt of whether the HAD or TAZIR is to be administrated, as many FOKAHA believe in TAZIR, the lenient in the sentence can be used for both HAD and TAZIR crimes due to the form of punishment which is based on extenuation, connivance, renouncing and respect the sanctity of Muslim blood