Abstract

It is common knowledge that man cannot live in isolation. He interacts with others and maintains certain divine laws in that interaction. The divine laws are enforced by punishment either widely fixed by the Qur’an and Sunnah or by those that are left at the discretion of the judge. This paper therefore attempts to define Ta’zir as a discretion punishment, its difference with Hadd its basic types, legal position and most importantly its practical application in our society. The discussion is done through a survey of the glorious Qur’an, Hadith and views of scholars on the subject matter. A summary, conclusion and some positive recommendations were given at the end of the paper.

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