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| The concept of mercy and compassion in Hudud and Tazir! |
There are many misconceptions regarding Islamic law, some genuine, others contrived. The aspect of the Sharia most often pilloried by captious critics is that of punishments prescribed under Islamic law for diverse offenses.
There are different categories under which a Qadhi (Judge) can convict a person for a crime.
· Hudud Crimes (most serious)
· Tazir Crimes
Islamic law is regarded as the Allah’s (SWT) will for humankind. Traditional Islamic law divides crimes into crimes against Allah (SWT) and against man. Hadd crimes are crimes against the Allah’s (SWT) law and Tazir crimes are crimes against the society.
Tazir
Where there is no prescribed punishment in the Sharia law, then it is left upon the government and the Qadhi (Judge) to impose appropriate penalty (Tazir) for the concerned crime.
Tazir crimes are considered less serious as compared to the Hudud crimes mentioned in the Holy Quran. Thus, tazir crimes have "minor felony equivalents” comparably; hence the Islamic judges exercise free will to punish the offender and/or impose correctives.
Tazir punishments vary according to the circumstances!
Tazir punishments vary according to the time, place and circumstances. Modern Islamic Society has changed drastically from the times of the Holy Prophet (PBUH). For instance, back in the 19th century it may not have been a big deal to jaywalk, but in today’s age and circumstances, a judge can impose a penalty for jaywalking.
Flexibility to judges
A popular yet misconceived notion is that judges in Islamic nations have fixed punishments for all crimes. The reality, however, is quite the opposite. Qadhis (Judges) enjoy much greater flexibility than their counter-parts under common law.
Historically, Tazir crimes were never written down or codified. Thus, judges under Islamic Law are not constraint by any pedantic or moribund precedents, rules, or prior decisions as in common law practices. Judges are free to choose punishments that they deem fit in order to help the offender and rectify the offense. The purpose of the punishment is that a bigger evil can be prevented in the future if the offender is punished now.
However, the government can put certain restrictions on the Qadhi’s authority. Besides, a government can prescribe a lenient or a stern Tazir to deter people from committing different offences.
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| Under Tazir, each judge can tailor the punishment according to local norms, and customs! |
In fact, Islamic law confers far more discretion on law makers and judges than the western world practices. Each judge can tailor the punishment to local norms, and customs; to act both, as a condign deterrent and as a means to rehabilitate a contrite offender.
Common punishments for Tazir crimes
Some of the common punishments for Tazir crimes include a prison term, counselling, fines, banishment, family and clan pressure, seizure of property, confinement in the home or place of detention, and physical punishment.
In some Islamic nations, Tazir crimes are governed by legislation. Each nation is thus free to enact its own criminal code in regard to the Tazir and there is a great disparity in punishment for these crimes across nations. For instance, the consumption of alcohol in Egypt is punished differently than in Iran or Saudi Arabia because they have different laws governing the same.
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