Tazir
Encyclopedia
In Islamic Law
, tazir (or ta'zir, Arabic تعزير) refers to punishment
, usually corporal
, that can be administered at the discretion of the judge, called a Qadi
, Kadi, as opposed to the hudud
. The Oxford Islamic Studies defines the six crimes for which punishments are fixed as theft
(amputation of the hand), illicit sexual relations (death by stoning or one hundred lashes), making unproven accusations of illicit sex (eighty lashes), drinking intoxicants (eighty lashes), apostasy
(death or banishment), and highway robbery (death). Strict requirements for evidence (including eyewitnesses) have severely limited the application of hudud penalties.
The punishments for the Hadd offenses are fixed by the Qur'an
or Hadith
, however ta'zir refers to punishments applied to the other offenses for which no punishment is specified in the Qur'an. These are often the equivalent of misdemeanor
offenses. They could also be applied to hadd offenses in situations where the standards of proof required for hudud punishments could not be met due to their strict nature. The general rule dictates that no Ta'zir punishment can exceed that of a hadd penalty.
Ta'zir developed in the early Islamic empire of the Umayyads (A.D. 661-750). The objectives of the punishment was to discourage repetition of the crime which was accomplished by varying the punishment to fit the circumstances of the convicted party particularly if reparations are made or repentance shown to the offended party. Punishments ranged from admonitions to death, though death is only used in extreme cases.
The burden of proof is less strict in a Ta'zir case, the testimony of two witnesses or a confession is enough. Confessions are not able to be retracted later.
Islamic law
Islamic law can refer to:*Sharia: The code of conduct enjoined upon Muslims in the Quran*Fiqh: Muslim jurisprudence...
, tazir (or ta'zir, Arabic تعزير) refers to punishment
Punishment
Punishment is the authoritative imposition of something negative or unpleasant on a person or animal in response to behavior deemed wrong by an individual or group....
, usually corporal
Corporal punishment
Corporal punishment is a form of physical punishment that involves the deliberate infliction of pain as retribution for an offence, or for the purpose of disciplining or reforming a wrongdoer, or to deter attitudes or behaviour deemed unacceptable...
, that can be administered at the discretion of the judge, called a Qadi
Qadi
Qadi is a judge ruling in accordance with Islamic religious law appointed by the ruler of a Muslim country. Because Islam makes no distinction between religious and secular domains, qadis traditionally have jurisdiction over all legal matters involving Muslims...
, Kadi, as opposed to the hudud
Hudud
Hudud is the word often used in Islamic literature for the bounds of acceptable behaviour and the punishments for serious crimes...
. The Oxford Islamic Studies defines the six crimes for which punishments are fixed as theft
Theft
In common usage, theft is the illegal taking of another person's property without that person's permission or consent. The word is also used as an informal shorthand term for some crimes against property, such as burglary, embezzlement, larceny, looting, robbery, shoplifting and fraud...
(amputation of the hand), illicit sexual relations (death by stoning or one hundred lashes), making unproven accusations of illicit sex (eighty lashes), drinking intoxicants (eighty lashes), apostasy
Apostasy
Apostasy , 'a defection or revolt', from ἀπό, apo, 'away, apart', στάσις, stasis, 'stand, 'standing') is the formal disaffiliation from or abandonment or renunciation of a religion by a person. One who commits apostasy is known as an apostate. These terms have a pejorative implication in everyday...
(death or banishment), and highway robbery (death). Strict requirements for evidence (including eyewitnesses) have severely limited the application of hudud penalties.
The punishments for the Hadd offenses are fixed by the Qur'an
Qur'an
The Quran , also transliterated Qur'an, Koran, Alcoran, Qur’ān, Coran, Kuran, and al-Qur’ān, is the central religious text of Islam, which Muslims consider the verbatim word of God . It is regarded widely as the finest piece of literature in the Arabic language...
or Hadith
Hadith
The term Hadīth is used to denote a saying or an act or tacit approval or criticism ascribed either validly or invalidly to the Islamic prophet Muhammad....
, however ta'zir refers to punishments applied to the other offenses for which no punishment is specified in the Qur'an. These are often the equivalent of misdemeanor
Misdemeanor
A misdemeanor is a "lesser" criminal act in many common law legal systems. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions and regulatory offences...
offenses. They could also be applied to hadd offenses in situations where the standards of proof required for hudud punishments could not be met due to their strict nature. The general rule dictates that no Ta'zir punishment can exceed that of a hadd penalty.
Ta'zir developed in the early Islamic empire of the Umayyads (A.D. 661-750). The objectives of the punishment was to discourage repetition of the crime which was accomplished by varying the punishment to fit the circumstances of the convicted party particularly if reparations are made or repentance shown to the offended party. Punishments ranged from admonitions to death, though death is only used in extreme cases.
The burden of proof is less strict in a Ta'zir case, the testimony of two witnesses or a confession is enough. Confessions are not able to be retracted later.