Analysis of the Thought Considering Flogging as the Exclusive Kind of Ta zir based on a Comparative Approach

Ta‘zir is a kind of punishment which is not included under the terms of Hadd, Qisas (Retaliation), Diah or Kaffarah (Financial Compensation). Based on Quranic verses, Islamic traditions and logical proofs, Islamic jurists and experts have had disputes over the point whether flogging is the usual and accepted feature of Ta‘zir or it is the judge who issues bodily punishments, jail or exile on the basis of expediency. As of the latter point of view, the majority of Islamic punishments are considered to be examples of Ta‘zir. In the present study, after analysing quotations and proofs provided by those who hold that flogging is the exclusive kind of Ta‘zir and those who hold the opposite view, the conclusion was drawn that flagellation is the generally accepted example of Ta‘zir, and not its only kind. The Islamic, Quranic and traditional definition of the word Ta‘zir supports this claim. Therefore, physical punishments -including flagellation- and psychological punishments, jail and monetary amends are all examples of Ta‘zir.