“Sharia Taazir Mentioned in Narrations”; Hadd (fixed punishment) or Taazir (discretionary punishment)?(Jurisprudential reinvestigation of note 2 of article 115 of the Islamic Penal Code)

As regards the treatment of “Sharia Taazirs mentioned in narrations” as Hudud by the legislator in note 2 of article 115 of the Islamic Penal Code, the question arises as to the nature of Sharia Taazirs mentioned in narrations and how they differ from  Hudud in their terminological meaning? Different approaches have been adopted in jurisprudential sources: 1- the instances mentioned in narrations are Haddi; 2- such instances are Taaziri and whose amount is prescribed; 3- such instances are Taaziri and whose amount is not prescribed. In this research, the legislator's current approach and the jurisprudential view of the Guardian Council concerning “Sharia Taazirs mentioned in narrations” have been criticized through descriptive, analytical and critical method and with an Ijtihadi approach and after summarizing the different jurisprudential opinions, the conclusion has been made. The results of this study show that “Sharia Taazirs mentioned in narrations”, as other Taazirs, are absolutely at the discretion of the Sharia ruler; consequently, their treatment as Hudud by the legislator and establishing a new type of Taaziri punishments in note 2 of article 115 of the Islamic Penal Code is questionable.