The Territory of Tazir and Administrative Discretions

In this paper, different views on the subject of chastising the guilty or the discretionary punishment of the guilty (Tazir1) and the administrative discretions of the ruler of Islamic state are investigated. Tazir punishment is for actions which are considered sinful in Islam, undermine the Muslim community, or threaten public order during Islamic rule, but those that are not punishable as Hadd or Qisas crimes. Some Fuqaha (distinguished religious scholars) of Islam considered discretionary punishment of the guilty (Tazir) valid and emphasized that in Tazir cases, the punishment is at the discretion of the state and its ruler. Where Islamic Sharia law does not specify or describe a legal punishment or the exercise of Hadd or Tazir for a sin, some count only Tazir of al-Kabair (the great or major sins considered as the gravest of the offenses) permissible andothers believe that chastising the most heinous sins that cause people harassment is endorsed. The present paper reviews the above mentioned views and explores Tazir offenses in Islamic literature. This paper shows that punishment (Tazir) of any acts that damage public social order, threaten social security and violate the divine prohibitions and also cause people disobedience is permitted. The paper finally concluded that Tazir for sins that do not have such an outcome or the permission of Tazir is questionable about them is not allowed.