Ta’zir punishment has no measures, they are left to the judge’s discretion, it can go as high as the capital punishment if it protects the community as in the case of spying crime.

Extent of punishment

Allah has not prescribed any measure in ta'zir punishments, leaving this to the discretion of the judge as he determines to fit the crime. Some scholars are of the view that ta'zir can go as high as the capital punishment if this serves the interests of the Muslim community, as in the case of a Muslim acting as a spy for the enemy. Such scholars maintain that if the death penalty is the only way to stop such people, then it should be enforced.[1]

references

  1. Ibn Qudamah, Al-Mughni, vol. 8, p. 325.

Comments

dialogs