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Ta'zir - Discretionary Punishment
The Arabic term Ta'zir refers to ‘punishment for any act of disobedience to Allah which does not carry a mandatory punishment or require a particular recompense.’ It is required for any such sin, whether by doing what is forbidden or neglecting what is obligatory, provided the Muslim ruler is aware of it.
Drinking any type of intoxicant
Drinking any type of intoxicant is forbidden, whether it is in small or large quantities. Indeed drinking is a major sin which is forbidden in the Qur’an and the Sunnah, as well as by the unanimity of scholars.
False accusation of adultery is a major sin
Making a false accusation of adultery is one of the major sins and it is forbidden by clear statements in the Qur’an and the Sunnah, and by the unanimity of scholars. It is absolutely forbidden to accuse anyone of immoral and lewd action.
False accusation
Qadhf is an Arabic root that originally means ‘throwing stones or similar objects’, and then came to be used to mean accusing others of committing immoral offences such as adultery and fornication, as such accusations also cause harm to the accused. In Islamic terminology it refers to false accusation of adultery or sodomy.
How Islam Views Adultery
Adultery is one of the gravest and most wicked sins as it leaves very serious effects on both individuals and society. It causes the absence of clarity of lineage, which leads to people’s rights of inheritance being mixed up, and families split and collapse as a result, with grave consequences for children and their upbringing. When adultery leads to pregnancy, the child is often brought up by someone who is not its real father. Social ties are considerably weakened by the spread of adultery, and therefore Islam warns very sternly against all sexual relations outside the marriage bond and prescribes severe punishments for it.
The concept of hadd in islamic law
The hudud, i.e. mandatory punishments, aim to deter people from committing acts of disobedience of Allah and encroaching on what He has forbidden. Thus, they help to spread security and reassurance in the community. In addition, they serve to absolve the guilty of their guilt.
Islamic Punishments (Hudud)
The Arabic term hadd (plural: hudud) is defined as a punishment stated in Islamic law for encroaching on the limits set by Allah. It is also defined as a punishment stated in Islamic law, as a deterrent from committing a similar offence. The legitimacy of these punishments is based on the Qur’an, the Sunnah and the unanimity of scholars. Specific punishments are stated in the Qur’an and the Sunnah as applicable to certain crimes, such as adultery and theft.
Works of Hanbli school
Al-Marawi’s Al-Inf. Ibn Mufli’s Al-Fur, and those by later scholars include Mansour al-Bahuti’s - Kashf al-Qina'an Matn al-Iqna'
Hanbli school
Methodology: Texts, The rulings of the Prophet’s Companions, whenever they agreed on a question. When the Prophet’s Companions disagreed, he would choose the view he considered closest to the Qur’an and the Sunnah.
works of Al-Shafi'i School
Mohammed al-Ramli -Nihayat al-Muhtaj ila Shar al-Minhaj; 2) Ahmad al-Haytami’s -Tufaht al-Muhtaj fi Sharh al-Minhaj; and 3) al-Khab al-Shirbni’s Mughni- al-Muhtaj ila Shar al-Minhaj.
Al-Shafi'i School
Methodology: Qur'an, Sunnah, Unanimity of (all) the Scholars, the statement of any Companion of the Prophet (pbuh), provided there is no disagreement among the Prophet’s Companions on the same matter, Analogy: applying a stated verdict to a question that carries no verdict, provided that the reasoning for this verdict applies equally to both questions.
Works of Maliki School
Sunan’s Al-Mudawwanah, rulings and statements as transmitted by Abd al-Rahmaan ibn al-Qasim; and Mukhta ar Khal l. Al-Dardr’s Al-Shar al-Kabr, with further annotations by Ibn Arafah al-Dusqi; Muhammad Al-Abdari al-Mawwq’s Al-Tj wal-Ikll; and al-ab’s shiyat Mawhib al-Jall fi Shar Mukhtaar Khall.
Works of Hanafi School
Among the best known works that explain the Hanafi school of Fiqh is Ibn Abidin’s Radd al-Muhtar ‘ala al-Durr al-Mukhtar; Mas’ud al-Kasani’s Bada’I’ al-Sana’i fi Tartib al-Shara’i; and Ibn al-Hammam’s Fath al-Qadir.
Hanafi School
Methodology: Quran, Sunnah, the Companions and research.
The Four Schools of Fiqh
The Four Schools of Fiqh 1: Hanafi School 2: Maliki School 3: Al-Shafi'i School 4: Imam Ahmad Ibn Hanbal
Islamic Law (Fiqh)
The subject matter of Fiqh is the description of different forms of worship and transactions and their Islamic rulings: obligation, prohibition, recommendation, reprehension and permissibly.
