Section
As for sins for which there is neither a fixed prescribed punishment nor an expiation, examples include kissing a boy or a woman who is neither one’s wife nor unmarriageable kin; engaging in physical intimacy without intercourse; eating forbidden things, such as blood or carrion; making accusations against people other than accusations of unlawful sexual intercourse; stealing something not kept in a secure place, even something of little value; betraying a trust—as when administrators of public treasury funds, endowments, or orphans’ property and the like betray their trust, or when agents and partners do so; acting fraudulently in one’s dealings, as those who cheat in food, clothing, and similar goods do; giving short measure or weight; bearing false witness or coaching others to do so; accepting bribes when passing judgment; judging by other than what Allah has revealed; oppressing one’s subjects; raising the rallying cries of pre-Islamic ignorance or answering its call; and other kinds of forbidden acts.
Such offenders receive discretionary punishment to deter and discipline them, to the extent the ruler deems appropriate, taking into account how widespread or rare the particular sin is among the people. If it is widespread, he increases the punishment, unlike when it is rare. He also considers the offender’s circumstances: someone habitually engaged in wickedness receives a greater punishment than someone who seldom commits such acts. He likewise considers the gravity of the sin: someone who harasses other people’s women and children receives a greater punishment than someone who has harassed only a woman