TA`AZIR(DISCRETIONARY PUNISHMENT)

DEFINITION
The word ta`azir origins from the verb `azar. It means prevent ,to correct,to respect and
to avoid. The verb is used in its first and second meanings in the Holy Qur`an. However ,in
Islamic legal terminology ta`azir is a punishment aimed firstly at preventing a criminal from
commiting further crimes and secondly ,by saying that it is disciplinary, reformative and
deterrent punishment . Technically, it means discretionary punishment to be inflicted for
transgression against Allah or against an individual,for which there is neither a fixed
punishment determined by shariah. The punishment is left to the rulers of the judge (Qadi ) to
fix it according to the circumtances. The punishment is not mentioned in the Holy Qur`an and
As-sunnah.

AUTHORITY OF TA`AZIR

Surah An-Nisa :123

whoever works evil, he will be punished accordingly

In history of prophet s.a.w

After Prophet returned from battle of Tabuk, some companions who did not join
the war confessed that they do not have any reason not to join the army. Then ,the
Prophet s.a.w ordered Muslims to avoid any contact with them , their wives were not
allowed to share their beds. 5 days later, a Quranic verses revealed that Allah had
forgiven them and accepted their repetence. The Prophets order actually was Taazir
punishment because of the absence from the Muslim angry.

Some traditions dealing cases / example of Taazir

1. Once a companion of the Holy Prophet s.a.w injured his slave, as punishment for
his having had sexual relationswit afemale slave. When the Prophet s.a.w saw
the injured slave, he freed him.

2. Muslim and Abu Dawud related a tradition according to which the Prophet s.a.w
deprived a man of his share of the spoil war bcause of misdeed committed
against the commander of an army.
3. For the theft of fruit of a value of less than that for which the Hadd punishment
is inflicted, the Prophet s.a.w said that the thief must pay double its value and
be liable to punishment . Punishment here is left entirely to the discretion of
Qadi.
4. Regarding Zakat , the Prophet s.a.w said : Who gives it will bw rewarded by
Allah , and who refuses to give it, from him it will be taken, and we will take one
half of his property ,not for Muhammad s.a.w or his family but for the Bait alMal (state treasury) .

TAAZIR IN QURAN AND SUNNAH

Usury(al-Riba)
Islam forbade usury - Surah Al-Baqarah: 275
False Testimony (syahadat al - Zur)
Has been condemned Surah Al- Furqan : 72
Breached of Trust (khiayanat al - amanah)
The Prophet equalized khiayanat al amanah with theft
Surah An- Nisa : 58
Insults ( al - sabb)
Forbid even if insulted the infidel
Surah Al Anam : 108
which mean abuse not those who pray apart from Allah
Bribery ( al - Rishwa)
Unlawful way of making money
As mentioned In surah Al Baqarah
Contempt I court
Slander
Gambling
Abuse
Misuse of orphans wealth
Probihition of certain edibles
Fraud in weighs and measures

Charging and taking interest

Concealment of evidence
False evidence
Spying and backbiting
Entering others house without pemission
Spreading of obscenity
Breach of contract
Disobedience of a woman to her husband
Ahadith about Taazir

KINDS OF TAAZIR

1. ADMINITION (al waz)

Remind the offender or inform him about his misdeed (had acted unlawfully)
For example :- the first stage dealing with the wivws in cases of obedience
-: ( Surah An-Nisa :34) which means to admonished the wives

This admonition must be restricted to those who commit minor offences

2. REPRIMAND ( al-tawbikh)
Reprimand may be through words or acts
It is based of the offence and conduct of offender

3. BOYCOTT( al-hajr)
As recommended in (surah An-Nisa :134 ) in the case of men who did not attend war
Tabuk. The wife need to avoid from sharing their beds to them

4. THREAT (al -tahdid)

The objectives of threat is to make the offender fears the punishment which he is
threatened

 Carry out the threatening the offender with punishment if he repeated the crime
For example :- pronouncing a sentences against him

5. PUBLIC DISCLOSURE ( al-tashir)

To warn the public not to do the same crime

6. FINES AND SEIZURE OF PROPERTY ( al gharamah wal musaddarak)

The Prophet said if the theft is commited from the property which is not in the
custody of the owner ,the offender shall be liable to pay the double price of the
stolen property
The scholars habe the different opinions pertaining to whether or not this type of
punishment should be applied to all offences. In the early year of Islam , a man was
fined for stealing a fruit which was hanging from a tree with double the value of the
stolen fruit. A person refusing to pay that zakat will have part of his/her property
taken away
Some scholars agreed with the punishment and some are not agree with it
Financial punishment should not be not given to the rich persons unless such
punishment affect their position.

7. IMPRISONMENT (al-habs)
To deprive a person of his liberty by restraining him from free movement and
confining him in a house, mosque or any other place or by appointing another
person to keep in custodyand restrain him from free movements.
The punishment of imprisonment was in practice in the period of the Prohet
Authority of Bahz Ibn Hakim detained a man on account of some
allegations against him
Authority of Abu Hurairah imprisoned a man on account of some
allegations against him
A man suspected of murder for some hours of the day and then set him free

8. FLOGGING( al-jald)
The number of lashes based on the offences, offenders conduct and other
circumtances

 Flogging also prescribed in hudud punishment for adultery,drinking wines

9. DEATH PUNISHMENT ( al-tazir bil qatlu)

According to Shafeis and Hanabalis ,death punishment cannot be given as Taazir
because Taazir cannot be more than Hadd
According to Imam Abu Hanifah and Imam Malik , the kind and quantum o Taazir
have not been fixed and have been left to the discretion of the legislator or judge to
fix them accordance
Death punishment has been discouraged by the jurists I general crimes and allowed
in cicumtances
However ,it can be given Taazir to a culprit who commits a grave offence like a spy
who leaks out the secrets of the state to its enemy.