Tazir

In Islamic Law, tazir (ta'zeer or ta'zir, Arabic: تعزير) lit. scolding; refers to punishment for offenses at the discretion of the judge (Qadi) or ruler of the state.^[1] It is one of three major types of punishments or sanctions under Islamic law, Sharia — hadd, qisas / diyya and ta'zir.^[2] Contrary to the lightness of naming, tazir are discretionary punishments that can range from a harsh warning from the judge to corporal punishment such as flogging, imprisonment and exile not specified in the Qur'an nor the hadiths, or is not punishable under either qisas or hudud.^[3]^[4]

Terminologically, the definition of hudud refers to punishments for actions that exceed divinely determined limits, fixed in the Qur'an or hadiths^[5]^[6]) while qisas refers to the equal response that can be used in cases of bodily harm such as killings and organ losses, and diyya refers to variable compensation payments for situations where retaliation is not possible according to sharia rulings in these situations. It is defined by Imam Nawawi, who is a well known and respected Shafi jurist, as a punishment awarded for crimes which have no hadd nor kaffara while Ibn Qudama a Hanbali jurist defines Ta'zir as a “legal punishment for a crime which has no hadd".^[7]^[8]

Which crime falls into which category may vary depending on understanding. According to Al-Kasani a well known Hanafi scholar, defines ta'zir as a crime which has no specified punishment in shari'a. It is a crime either against the right of God such as abandoning the prayer and fasting, or against the right of an individual such as harming a Muslim with a word or deed.”^[9] However, in sharia governments, their testimony against a devout Muslim may not be accepted, they may be humiliated and barred from certain positions because of this tag.

^ Tazir Oxford Islamic Studies, Oxford University Press
^ Cite error: The named reference mc13 was invoked but never defined (see the help page).
^ Cite error: The named reference msea was invoked but never defined (see the help page).
^ Cite error: The named reference whsha was invoked but never defined (see the help page).
^ "Hadd" Oxford Islamic Studies
^ Wasti, Tahir (2009). The application of Islamic criminal law in Pakistan Sharia in practice. Brill Academic. p. xix, 72–73. ISBN 978-90-04-17225-8.
^ https://dergipark.org.tr/en/download/article-file/262605
^ Ta'azir or discretionary punishment may also be used when offenses for which penalties are prescribed in law are attempted but not completed or where mitigating circumstances or weak evidence make the prescribed penalty unreasonable.https://www.ojp.gov/ncjrs/virtual-library/abstracts/taazir-crimes-islamic-criminal-justice-system-p-211-225-1982-m
^ https://dergipark.org.tr/tr/pub/kiid/issue/67123/982657#article_cite

[taziroup-1] Tazir Oxford Islamic Studies, Oxford University Press

[mc13-2] Cite error: The named reference mc13 was invoked but never defined (see the help page).

[msea-3] Cite error: The named reference msea was invoked but never defined (see the help page).

[whsha-4] Cite error: The named reference whsha was invoked but never defined (see the help page).

[5] "Hadd" Oxford Islamic Studies

[twtazir1-6] Wasti, Tahir (2009). The application of Islamic criminal law in Pakistan Sharia in practice. Brill Academic. p. xix, 72–73. ISBN 978-90-04-17225-8.

[7] ttps://dergipark.org.tr/en/download/article-file/262605

[8] Ta'azir or discretionary punishment may also be used when offenses for which penalties are prescribed in law are attempted but not completed or where mitigating circumstances or weak evidence make the prescribed penalty unreasonable.https://www.ojp.gov/ncjrs/virtual-library/abstracts/taazir-crimes-islamic-criminal-justice-system-p-211-225-1982-m

[9] ttps://dergipark.org.tr/tr/pub/kiid/issue/67123/982657#article_cite

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