Chapter on Taʿzīr (Discretionary Punishments)
Introduction
Linguistically, taʿzīr comes from the root ʿazr, which means “to blame.” To say ʿazzara-hu is to reproach and restrain someone. Thus the disciplinary measure that falls short of a ḥadd penalty is called taʿzīr because it restrains and prevents the offender from repeating the sin.

Juristically, it is defined as: a non-fixed punishment that becomes due—whether as a right of Allah or of a human being—for every sin for which there is neither a ḥadd nor an expiation.

The transgressions for which no ḥadd has been set are the vast majority under the Sacred Law, for the fixed penalties are limited to apostasy, fornication, slander, drinking wine, theft, and highway robbery.

Shaykh ʿAbd al-Qādir ʿAwdah states: “Taʿāzīr comprise a range of unfixed penalties that begin with the lightest measures, such as counsel and warning, and end with the severest, such as imprisonment and flogging, even reaching execution in the case of grave crimes. The judge is left to choose from among them the punishment that best suits the crime, the offender’s condition, mentality, and prior record, because the circumstances of crimes and criminals differ greatly; what deters one person may not deter another. For this reason the Sharia has provided a diverse set of punishments for taʿzīr offenses—a complete spectrum from the mildest to the harshest—leaving it to the judge to select the one he deems adequate to discipline the offender, reform him, and safeguard society from crime.”