Discretionary Punishment of Taʿzīr

Abstract

Juridically, taʿzīr signifies unquantified punishment for wrongdoing that is not included in ḥudūd and retaliation (qiṣāṣ) offences. This chapter highlights the uses and abuses of taʿzīr in a legal system that subscribes to the principle of legality. It also explains the limits of taʿzīr and proposes reforms for its contemporary applications.