التعزيرات البدنية في التشريع الإسلامي: دراسة مقارنة

Corporal Punishments in Islamic Legislation: A Comparative Study

Abstract

Islam is widely recognized as a comprehensive religion with specific punishments (Hudood) outlined for certain crimes, while other offences are left to the discretion of judges regarding their penalties. In contemporary society, influenced by European trends, there is concern about the erosion of morals and increasing engagement in immoral behaviours among youth. This research aims to elucidate Islam’s broad perspective on discretionary punishments (Fiqh al-Ta'zir), which are not specified by Sharia but are determined by judicial discretion. The objective is to highlight these discretionary measures, emphasize their role in deterring immoral behaviour, and underscore the importance of studying them. This study employs descriptive and analytical methods to gather information, the inductive method to extract evidence and scholarly opinions, and the comparative method to examine varying views on physical Ta'zir. Key findings reveal that Ta'zir encompasses a range of punishments, including execution, flogging, imprisonment, or banishment, depending on the judge’s assessment of the crime’s severity. For example, severe and repeated crimes may warrant execution, while flogging serves as a deterrent without a fixed limit. Imprisonment, whose duration is not predefined, aligns with Sharia’s broader objectives. Banishment, encompassing both deportation and alienation, applies to imprisonment and exile. In modern contexts, women are not subjected to exile due to increased temptations; instead, imprisonment within their country is preferred.