The Permissibility and Modes of Discretionary Punishments under Islamic Law

قانون اسلامی میں تعزیر کے جواز اور اس کے طرق تنفیذکا تحقیقی جائزہ

Abstract

This article investigates the notion of ta’z┘r (discretionary punishments in Islamic law) by comparing and contrasting it with the concept of hadd (fixed punishments in Islamic law). Deterrence of crimes is the main objective of any legal system in the world and different punishments are prescribed for this very purpose by all legal systems. Hence, this article explains the meaning and definition of ta’z┘r first, followed by the basis of its permissibility in the Quran and Sunnah, its types and modes of implementation etc. The article also elaborates the extent of ta’z┘r in different cases and crimes. The permissibility of pardoning in ta’z┘r as against hadd is also explained while the article concludes with presenting the main findings of the study.