Chapter on the Rulings of Taʿzīr (Discretionary Punishment)

Linguistically, taʿzīr denotes “prevention.” The word is also used to mean “support,” because it restrains an aggressor from causing harm. The Almighty says, “that you may honor him and revere him” (48:9), referring to the Prophet ﷺ. It is likewise said, “ʿAzzartu-hu,” meaning “I disciplined him.” Thus the term belongs to the class of words that carry two opposite senses.

In juristic usage, taʿzīr signifies disciplinary correction. It is so called because it deters a person from what he must not do and serves as a path to reverence: once the offender abstains from the prohibited act because of the punishment, he gains dignity.

The Islamic ruling is that taʿzīr is obligatory for every sin that carries neither a prescribed ḥadd nor an expiation—whether the offense consists of committing a prohibition or neglecting an obligation.

The ruler or his delegate administers it when he deems that to be in the public interest, and he may forgo it when the interest so requires. Its implementation does not depend on the victim’s demand; the aggressor is disciplined even if the injured party makes no claim. Ultimately, the matter is left to the judge’s discretionary judgment, since crimes vary in gravity, frequency, and extent.