1.

0 THE CONCEPT OF TA’ZIR

1.1 THE DEFINITION OF TA’ZIR

In Islamic law, tazir (or ta'zir, Arabic ‫ )تعزير‬refers to punishment for offenses at the
discretion of the judge (Qadi) or ruler of the state. it's one amongst three major styles of
punishments or sanctions under Sharia law — hadd, qisas and tazir. The punishments for the
hudud offenses are fixed by the Qur'an or Hadith (i.e. "defined by God"), qisas allow equal
retaliation in cases like murder or injury, however ta'zir refers to punishments applied to the
opposite offenses that no punishment is per the Qur'an or the Hadith. (Word Finder, 2019).

In keeping with an eminent Hanafi scholar, Kasani (d.587/1191) defines ta’zir as a “crime
which has no specified punishment in sharia. it's against the law either against the proper of
God like abandoning the prayer and fasting, or against the proper of a personal like harming a
Muslim with a word or deed.” Maliki jurist Khurashi (d.1101/1690) in his commentary on
Mukhtasar al-Khalil (d.776/1374) gives its definition as a “punishment [for a crime] which
has no (specified retribution). It differs in keeping with people and their words and deeds (al-
„uquba allati laysa fiyha shay‟un ma„lumun bal yakhtalifu bi ikhtilaf al-nas wa aqwalihim
wa af„alihim)”.( Muhammad al-Khurashi , 1900, p.110). it's defined by Nawawi
(d.676/1277), who could be a well-known and revered Shafi jurist, as a “(punishment
awarded) for crimes which have neither hadd nor kaffara (expiation) (yu„azzaru fi kulli
ma„siyatin la hadda lahu wa la kaffarata)”.( Al-Nawawi, Yahya b. Sharaf , 1958 , p.191).
Hanbali jurist Ibn Qudama (d.620/1223) defines ta„zir as a “legal punishment for against the
law which has no hadd (al-„uquba almashru„a „ala jinayatin la hadda lahu)”.( Ibn Qudama,
Abdullah b. Ahmed, 1990 , p.523).

Besides, ta‘zir offences represent crimes that no punishment is per the Quran; effectively
all other offences not mentioned already. they're considered less serious than hudud offences.
There are four situations when ta‘zir punishments are used: acts that don't meet the technical
requirement for hudud or qisas, like attempted adultery; offences generally punished by
hudud but involving extenuating circumstances or doubt ; acts condemned within the Quran
and sunnah or contrary to public welfare, but not subject to hudud or qisas, like false
testimony; and acts which violate social norms, like obscenity. (Matthew Lippman , 1989 ,
p.45)

2.0 EVIDENCE OF TA’ZIR

AL-QURAN

Al-Maidah 5:33,

Indeed, the penalty for those who wage war against Allah and His Messenger and strive
upon earth (to cause) corruption is none but that they be killed or crucified or that their
hands and feet be cut off from opposite sides or that they be exiled from the land. That is for
them a disgrace in this world; and for them in the Hereafter is a great punishment.

An-Nisa’ 4:16 ,

And the two who commit it among you, dishonor them both. But if they repent and correct
themselves, leave them alone. Indeed, Allah is ever Accepting of repentance and Merciful.
3.0 THE TERM OF TA’ZIR OBLIGATION

There is only one condition for the sanction of a sanction to be imposed on a person who
commits a crime whose judgment is not determined by Islamic law, that is sane. Therefore,
there is a sanction for every sensible criminal, whether male or female, Muslim or infidel,
puberty or childish intellect; because adults are entitled to punishment, while children who
are wise are subject to discipline rather than punishment. (Wahbah Zuhaili , 1994 ).

The method by which the sanction of sanction is imposed is that any person who acts
unjustly or hurts others without his or her right to words, deed, or any person who is the
victim is a Muslim or infidel. (Wahbah Zuhaili , 1994).

4.0 THE RATE OF TA’ZIR

The punishment of ta’zir is imposed according to the judge's jurisprudence taking into
account the crime rate and the dignity of the criminal. Whether it's herd, spit, defense, whip,
slap or kill. As in the case of sexual relations not of the vagina; or expel the area, humiliating
it with profanity at such occasions as, "O wicked, O invaders". It is okay to blacken the face
of the offender and call upon him for the wrong which he has done, and to parade and be
beaten and the offender may be started. but should not restrain it from eating and wudu’, it is
left to pray in a gesture and not to repeat it. (Wahbah Zuhaili , 1994).

It is illegal to impose penalties on offenders by shaving their beards, cutting off limbs and
harming them, as well as by seizing property and destroying it according to the ulama cleric,
a severe punishment should be imposed on intermediaries (qawwadah) that harm women and
men, and things it should be declared and made public so that this information is within their
knowledge. At least three times a stroke. It can be reduced according to individual
circumstances. therefore, the lowest rate of pardon is not specific. Scholars disagree in
determining the highest rate of sanction. Abu Hanifah, Muhammad bin Hassan and shafie
scholars and Hanbali agreed that the tazir should not violate the hudud law. Therefore,
maximizing whipping can be reduced to one stroke from the hudud punishment. (Wahbah
Zuhaili , 1994).

Scholars Maliki are of the opinion that the government can impose as much punishment as
it considers necessary even if it exceeds the maximum penalty for a hudud sentence.
Therefore, it is necessary to impose sanctions on criminals such as hudud, less or more
according to the government's jurisprudence. (Wahbah Zuhaili , 1994).

5.0 THE PERSON WHO HAVE RIGHT TO PERFORM TA’ZIR

Implementation of the punishment of tazir as well as hudud punishment is dependent on

the government. No one has the right to perform the ta’zir except three, which is father,
master of servant and husband. (Wahbah Zuhaili , 1994).

A father has the right to teach his young son and apply his motives so that he will learn and
be virtuous and prevent him from doing evil, asking him to pray and beat him while
punishing him. The position of the mother is the same as that of the father while the child is
in his care, that is, during the preparation (hadanah) and the parenting. The father has no right
to rule over his child who is barren even though he is an unwise man. (Wahbah Zuhaili ,
1994).

In the meantime, the master of the slave has the right to sue his servant who wronged his
rights and the rights of Allah S.W.T. The husband has the right to sue his nusyuz and
negligent wife in fulfilling the rights of Allah S.W.T. , such as offering prayers, fasting
during the month of Ramadan by imposing reasonable punishments to improve his wife's
morals. All of this includes refusing to do wrong things, and the husband is one of those
responsible for asking the wife to do good and prevent the wrong. (Wahbah Zuhaili , 1994).
 REFERENCES

Online Book
Michael Mumisa. (2015). Sharia law and the death penalty: Would abolition of the death

enalty.pdf

Matthew Lippman, ‘Islamic Criminal Law and Procedure: Religious Fundamentalism v.

Modern Law’, Boston College International and Comparative Law
Review, Vol. 12, Issue 1, 1989, pp. 29-62, p. 45.
Kasani, Abu Bakr b. Mas„ud, Bada„i al-Sina„i, (Beirut: Dar al-Kutub al-Arab 1982), vol.
7, p. 63.
Muhammad al-Khurashi, [Sharh] al-Khurashi „ala Mukhtasar Saydi al-Khalil, (Beirut:
Dar al-Sadr, 1900), vol. 8, p. 110.
Al-Nawawi, Yahya b. Sharaf, Minhaj, in the margins of Mughni al-Muhtaj, (Egypt:
Matba„a Mutafa al-Halabi, 1958), vol. 4, p. 191.
Ibn Qudama, Abdullah b. Ahmed, al-Mughni, ed. Abdul Fattah Muhammad al-Halwa &
Abdullah b. Abdul Muhsi al-Turki, (Cairo: Matba„a al-Hijri, 1990), vol. 12, p. 523.

Webpages
Word Finder. (2019). https://findwords.info/term/tazir

Book

Al-Zuhaili , W. (1994). Fiqh & Perundangan Islam, Jilid IV .” Translation by Md. Akhir Haji
Yaakob et al.). Kuala Lumpur : Dewan Bahasa dan Pustaka (1994).