Section: [Legal Penalties]
Enjoining what is right and forbidding what is wrong can only be brought to completion through the legal punishments, for God restrains by means of the ruler what the Quran alone does not restrain.¹
Establishing the ḥudūd (fixed penalties) is an obligation upon those in authority. This is effected through punishing the neglect of duties and the commission of prohibitions. Some punishments have fixed limits, such as eighty lashes for the slanderer and the amputation of the thief’s hand; others are unfixed and are called taʿzīr². Their amount and form vary according to the gravity or slightness of the sin, the condition of the offender, and the frequency or rarity of the offense.
Taʿzīr takes many forms: it may be a verbal reprimand and rebuke, it may be imprisonment, it may be banishment from one’s homeland, and it may be flogging³. If the flogging is for neglecting an obligation—such as beating one who abandons the prayer, or who withholds obligatory rights like repaying a debt while able, restoring what he has usurped, or returning a trust to its owner—he is beaten time after time until he performs the duty, with the blows distributed day by day.
1 An adage meaning that the coercive power of government deters wrongdoing in a way that mere Scripture recitation does not.
2 Discretionary punishment left to the judge’s assessment.
3 The text speaks specifically of beating with a whip, though the implement may differ according to custom.