What happens if the burden of proof for a hadd crime is not met, in terms of criminal law?

2018-06-24 16:17:47

The hadd crimes mostly come with specific requirements for the burden of proof that needs to be met to deal out the hadd punishment. It's clear what happens when the burden of proof is met, the punishment is enacted as specified. However, if the burden of proof is not met, there are a few options what could happen with regard to criminal law, and I don't know which applies. It's possible that the accused walks free; or it could be that the qadi can give him a tazir punishment instead; or it could be that there is a scale of punishments for meeting "X %" of the burden of proof (I'm not aware of anything like this last idea being found in fiqh, though).

I'm only talking about criminal law here, not about whatever civil liabilities the accused may have. I could imagine that in terms of criminal law he walks free perhaps due to lacking evidence, while being sentenced to pay the victim a sum of money as compensation in civil law because the burden of proof for a tort may be "