more than ten lashes, except in a hadd punishment; and the least of the hadd punishments is eighty lashes, namely the punishment for false accusation of unlawful sexual intercourse. Accordingly, it is not permissible to exceed ten lashes.
Some scholars said, rather, that it is permissible to exceed ten lashes—to administer twenty, thirty, forty, one hundred, two hundred, one thousand, or two thousand—according to what is needed to achieve discipline. For the aim is to rectify misconduct, instill discipline, and remove evil and corruption; and whatever is indispensable for fulfilling an obligation is itself obligatory.
We have seen that the Messenger of Allah, peace and blessings be upon him, imposed disciplinary punishment more severe than ten lashes. If that is so, then his statement, peace and blessings be upon him, “except in one of Allah’s prescribed limits,” must be understood to mean: except in connection with one of His prohibitions. For Allah’s limits may refer to obligations, prohibitions, or legally prescribed punishments. Thus His saying, “These are the limits set by Allah, so do not transgress them” [al-Baqarah 2:229], refers to obligations; and His saying, “These are the limits set by Allah, so do not go near them” [al-Baqarah 2:187], refers to prohibitions. The term also refers to punishments fixed by Islamic law, which is clear.
If the matter is one of disciplinary correction, and a person who commits a sin will not be disciplined except by more than ten lashes, then we must either say that no more may be given—making these lashes futile, since they achieve no benefit. Yet the Sacred Law does not command futile acts; rather, it commands only that which entails benefit and wisdom. Therefore, the Prophet’s words, peace and blessings be upon him, must be understood in a manner that serves the public good and yields a sound meaning. The term hadd in the hadith should be understood as referring to the prescriptive limits of the Law—namely, either neglecting an obligation or committing a prohibition. Thus, the meaning is that no one is to be disciplined with more than ten lashes for, for example, conduct unbecoming of a person of integrity.