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Tazir
In Islamic Law, tazir (ta'zeer, ta'zir or ta’dhir, Arabic: تعزير, romanized: taʿzīr lit. scolding, "to punish") refers to punishment for offenses at the discretion of the judge (Qadi) or ruler of the state. It is one of three major categories of punishments or sanctions under Islamic law (sharia, the other two or three being hadd, and qisas/diyya). Contrary to the lightness implied in "scolding", these discretionary punishments can range from a warning from the judge to corporal punishment such as flogging, fines, imprisonment, exile, and in extreme cases execution.
Tazir punishments are sometimes described as being for violations of Islamic law not specified in either the Qur'an nor the hadith, and so not reaching "the level of hudud" (crimes and punishments determined in the Qur'an or hadith), qisas ("eye for an eye" proportional retaliation punishment), or diya (compensation payments for situations where sharia does not allow for qisas retaliation).
Ta'zir literally means "scolding", but also conveys the meanings of 'to give punishment, reject, prohibit, and assist.' Ta'zir is also used as a form of punishment for a crime. In this case, the word is derived from the verb azzara (Arabic: عزر, romanized: azzara), meaning 'to give punishment' or 'to discipline'. or “to give correction.”
Tazir (or another word with the 3-z-r root) is found three times in the Quran, where it is usually translated into English not as "scolding" but as "honor", or a similar word.
Rather than being divided into categories such as criminal law, civil law, family law, etc. as secular modern law is, classical Islamic legal jurisprudence typically divides the subject matter of law into four "quarters" -- rituals, sales, marriage, and injuries. In modern usage, Islamic criminal law has been extracted and collated from that classical Islamic jurisprudence literature into three categories of rules mentioned above:
Tazir is defined by jurist Al-Nawawi as a punishment awarded for crimes which have no hadd nor kaffara, while Hanbali jurist Ibn Qudama defines tazir as a “legal punishment for a crime which has no hadd", and doesn't mention kaffara. Hanafi scholar Imam al-Kasani defines tazir as a crime which has no specified punishment in sharia. It is a crime either against the right of God such as abandoning the prayer and fasting, or against the right of an individual such as harming a Muslim with a word or deed.
The word tazir is not used in the Quran or the Hadith, in the sense that modern Islamic criminal law uses it. However, in several verses of the Quran, crimes are identified, punishment of the accused indicated, but no specific punishment is described. Examples being:
And as for the two who are guilty of indecency from among you, give them both a punishment; then if they repent and amend, turn aside from them; surely Allah is Oft-returning (to mercy), the Merciful.
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Tazir
In Islamic Law, tazir (ta'zeer, ta'zir or ta’dhir, Arabic: تعزير, romanized: taʿzīr lit. scolding, "to punish") refers to punishment for offenses at the discretion of the judge (Qadi) or ruler of the state. It is one of three major categories of punishments or sanctions under Islamic law (sharia, the other two or three being hadd, and qisas/diyya). Contrary to the lightness implied in "scolding", these discretionary punishments can range from a warning from the judge to corporal punishment such as flogging, fines, imprisonment, exile, and in extreme cases execution.
Tazir punishments are sometimes described as being for violations of Islamic law not specified in either the Qur'an nor the hadith, and so not reaching "the level of hudud" (crimes and punishments determined in the Qur'an or hadith), qisas ("eye for an eye" proportional retaliation punishment), or diya (compensation payments for situations where sharia does not allow for qisas retaliation).
Ta'zir literally means "scolding", but also conveys the meanings of 'to give punishment, reject, prohibit, and assist.' Ta'zir is also used as a form of punishment for a crime. In this case, the word is derived from the verb azzara (Arabic: عزر, romanized: azzara), meaning 'to give punishment' or 'to discipline'. or “to give correction.”
Tazir (or another word with the 3-z-r root) is found three times in the Quran, where it is usually translated into English not as "scolding" but as "honor", or a similar word.
Rather than being divided into categories such as criminal law, civil law, family law, etc. as secular modern law is, classical Islamic legal jurisprudence typically divides the subject matter of law into four "quarters" -- rituals, sales, marriage, and injuries. In modern usage, Islamic criminal law has been extracted and collated from that classical Islamic jurisprudence literature into three categories of rules mentioned above:
Tazir is defined by jurist Al-Nawawi as a punishment awarded for crimes which have no hadd nor kaffara, while Hanbali jurist Ibn Qudama defines tazir as a “legal punishment for a crime which has no hadd", and doesn't mention kaffara. Hanafi scholar Imam al-Kasani defines tazir as a crime which has no specified punishment in sharia. It is a crime either against the right of God such as abandoning the prayer and fasting, or against the right of an individual such as harming a Muslim with a word or deed.
The word tazir is not used in the Quran or the Hadith, in the sense that modern Islamic criminal law uses it. However, in several verses of the Quran, crimes are identified, punishment of the accused indicated, but no specific punishment is described. Examples being:
And as for the two who are guilty of indecency from among you, give them both a punishment; then if they repent and amend, turn aside from them; surely Allah is Oft-returning (to mercy), the Merciful.