NCJ Number
87489
Date Published
1982
Length
15 pages
Annotation
In Islamic law, all offenses for which the law does not prescribe a penalty are in the category of Ta'azir, and the judge is given the discretion to determine the penalty.
Abstract
All acts which infringe private or community interests related to public order are subject to Ta'azir. These are offenses which violate rules set by public authorities, although such rules must draw their inspiration from the Shari'a (Islamic law drawn from divinely inspired writings of Islam). Ta'azir or discretionary punishment may also be used when offenses for which penalties are prescribed in law are attempted but not completed or where mitigating circumstances or weak evidence make the prescribed penalty unreasonable. Corporal penalties applied in matters of Ta'azir are the death penalty (which is rarely imposed) and flagellation. Penalties which involve deprivation of liberty include imprisonment, local banishment, displacement, or exclusion. Fines are used with reservation so as not to exploit offenders. A fine is imposed by deducting or setting apart a portion of the offender's money or possessions in lieu of corporal punishment. Other penalties include (1) notice given to the offender that an offense has been committed, (2) a lecture by the judge, (3) exclusion from interaction with others for a period of time, (4) dismissal from employment, and (5) public exposure of the offense. The judge generally considers the character of the offender and the severity of the offense in determining the sentence.