In Islamic Law, tazir (or ta'zir, Arabic تعزير) refers to punishment, usually corporal, that can be administered at the discretion of the judge, as opposed to the hudud (singular: hadd), the punishments for certain offenses that are fixed by the Qur'an or Hadith. Traditionally, ta'zir punishments could be applied to offenses for which no punishment is specified in the Qur'an. They could also be applied to hadd offenses in situations where the standards of proof required for hudud punishments could not be met.
PUNISHMENT AND TA'ZIR IN MALAYSIA LAWS
Punishment and Ta'zir had been implemented long in Malaysia Laws and from time to time would be made adder improve to absorb and coordinate Islamic law in Malaysia which covered all citizens not count race and religion.
For QISAS 's example in Malaysia was, Someone had been charged with murdering other people deliberately and has been brought to court, when judge has satisfied and no doubt at all which arise the judge sight that those people charged that had his fault scythe kill others deliberately with are witness two persons fair man, judge should sentence murder(dead) on the the killer as QISAS sentence, namely life reciprocated with life. - Surah 178-179, Surah al-Maidah 45)
Whereas for TA'ZIR on the other hand was judge have full authority categorically predetermined and select any suitable and reasonable sentence with offences which is done by criminals just now:-
In choosing suitable and reasonable sentence for sentence ta'zir, judge must take into account on the living condition and criminal background and offence dilakukannya and effect to the society.
Sentence ta'zir, if the offence involving Allah authority, then compulsory conducted and is sentenced the sentence on criminals just now.
Is permitted for judge give forgiveness, or forgive, or order sentence on criminal, if to look and his judges' opinion that action the give goodness on criminal just now or to populace.
Sentence ta'zir which involves rights of people perseoranan, then those people has the right the are entitled decide, whether it want forgive and forgive the criminal or punish them.
Sentence ta'zir does not necessarily to convict offences those criminals with accounts witnesses or iqrar (confession) the criminal like convict inside offences hudud law and punishment.
Sentence ta'zir can replace hudud law, if evidence do not meet the requirements to show hudud offence which enables the hudud law is sentenced and imposed on criminals, because witnesses have withdrawn their evidence, or because the accused have withdrawn iqrarnya. or because evidence were not fulfill conditions is wanted to show hudud offence.
Thus in this accused case can be imposed sentence ta'zir, and judge must act to mete out sentence ta'zir, if in find out enough accounts to visit the criminal by sentence ta'zir the.
Examples of ta’zir crimes such as traffic crimes, drug addict and loitering.
We already know sentence ta'zir in Malaysia happened a lot but no disclosure to society in Malaysia. One of the examples in had recently emergence of issue on case Kartika is sentenced result stick drinking in public, namely is either example of punishment ta'zir imposed on her.
In Islam, one myself liquor is illegal or prohibited. Whether snifter or many is the same only his prohibition. Prophet ' decree s.a.w
ما أسكر كثيره فقليله حرام
Ertinya : Any amount intoxicate, then a little also illegal ( have not even intoxicate) ( Ahmad 's Story, Tirmizi, Abu Daud : Ibn HIbban : Sohih )
Her also already pleaded guilty already was sentenced stick by court. This are included in Islamic law sentence. Prophet ' sayings ;
أن النبي صلى الله عليه وسلم : جلد في الخمربالجريد والنعال, ثم جلد أبو بكر أربعين فلما كان عمر ودنا الناس من الريف والقرى, قال : ما ترون في جلد الخمر؟ فقال عبدالرحمن بن عوف : أرى أن نجعلها كأخف الحدود, فجلد عمر ثمانين
Ertinya : Indeed Nabi s.a.w cane (whipping) in liquor case with date fronds and shoes, then Abu Bakar ( in his ruling era) also lashed with 40 times flogging, at the moment Umar 's rule, he ask views of the people from kampong and past countryside said : What your view on flogging for boozer?,
Sentence ta'zir block criminal repeat evil
SENTENCE ta'zir was his offence that sentence is abuse, namely criminal not dropped hudud law or punishment. Sentence ta'zir in statutary of syariah crime unspecified and fixed the form of punishment Allah in al-Quran and hadith.
Sentence for case ta'zir was abuse on criminal which already inside his fault scythe his court and sentence no imposed following hudud law or punishment, because offences committed the criminal does not include under case enable him is sentenced hudud law or punishment.
Type and form of punishment ta'zir the leave to judge wisdom to determine and choose punishment should be imposed on criminal, because sentence ta'zir intend to prevent criminal repeat evil they doing, not torture them.
Judges case according to case of the syariah crime when if found guilty the criminal in court need to be toppled sentence according to Islamic law provision determined and fixed Allah and Prophet mentioned in Quran and hadiths - do not decided and being punished them without referring Allah's punishment first.
The matter warned Allah Taala in following word of god: ” And we reduces to-you (dear Muhammad) Al-Quran book by bringing truth, to validate true its holy books be before its and to keep and watch him. Then do it a law among them (Kitab member) the by what that had degraded by Allah (to-you), and do not you according to their passion's desire (by deviate) from what have come to-you from truth. (Al-Ma'idah: 48)
Allah 's Taala Commandment, “And should you carrying out law among them by what that had degraded by Allah and do not you according to their passion's desire, and awake look after so that they no mislead you from something law that had degraded by Allah to you. (Al-Ma'idah: 49)
(Source: Book ‘Qanun Jinayah Syari'yah and Judicial System In Islam Legislation Based On Koran and Hadis' by Mufti container Sabah, Said Ibrahim).
TAZIR INSIGHT
From language aspect: Rejected or prevent.
From terminology aspect: Sentence imposed on offender a person which made offence that does not fixed his torture punishment in al-Quran and al-Hadis or sentence imposed on offender a person or the criminal was prescribed his agonies but not enough conditions to impose the agonies. Judge empowered in ascertaining form of reasonable punishment imposed following someone's offence state and rate that offender according to his consideration.
Offences for TAZIR 's CATEGORY
01. Hudud offences or not enough punishment evidence to impose hudud law or punishment.
02. Offences such as close proximity and steal that does not enough calculation and so on.
03. Acts would disturb public order such as gossip, corruption, cheating dll.
SENTENCE for TAZIR 's OFFENCE
01. Advice. 06. Fine and Foreclose.
02. Reprimand. 07. Jail.
03. Threat. 08. Whipping.
04. Boycott. 09. Murder.
05. Declaration To General. 10. Exile.
Hudud Law Purpose, Punishment, Diyat and Ta'zir
Hudud law, punishment, diyat and ta`zir allotted in qanun jinayah syar`iyyah is aimed to keep Islamic law principle subjected under its five thing:
1. Care religion, namely care aqidah Muslims not to deflected from real Aqidah and does not become apostasy. Renegades will asked to repent first and if he refused repent then sentence murder will be imposed on them. God ' apostle decree s.a.w. which means:
"Anyone who change his religion (apostasy), then killed them." (Bukhari 's Story)
2. Care life, namely care someone's soul from killed including care someone's body appendages from hurt or destroyed. Anyone who kill people or hurt their body parts the deliberately compulsory is sentenced punishment sentence or diyat like Allahs decree s.w.t. which means:
"And in the punishment law be life guarantee for you, dear intelligent persons mind so that you have piety." (Al-Baqarah Surah, 2:179)
3. Care mind ' idea, namely preserve idea of human mind from damage because booze or drinking intoxicate. Those who compulsory drinking is sentenced stick any further than eighty multiply whipping like what was narrated by Saiyidina Ali inside a hadis which means:
"Prophet s.a.w. lashed those people booze as much as forty times whipping, and Saiyidina Abu Bakar lashed forty times whipping also, and Saiyidina Umar lashes as much as eighty multiply .
4. Taking care of descendant, namely preserve human from doing adultery so that race lineage, guardianship and inheritance children born resulted from the illegal sexual intercourse is undamaged. Those people doing compulsory adultery sentenced whipping and spike.
5. Taking care of property, namely preserve human property from stolen and robbed by sentence chop off hand on thief, and topple death sentence or chop off hand and foot both once or exiled on robber. This sentence subject to the robbery way made like Allahs decree s.w.t. which means: "And man steal and woman steal then (his sentence) potonglah their hands as a consideration by reason what they has worked on, (also act as) a preventive sentence from Allah. Dan (remember) Allah great Kuasa again Maha Bijaksana." (Al-Ma'idah Surah: 38)
Allahs decree s.w.t. again which means:
"Indeed people's retribution fight against Allah and RasulNya joins doing damage disaster under the sun (commit violence seized and kill people to go ) is by consideration murder (if they murder only with did not steal), or crossed (if they murder and seized), or cut their hand and foot by alternate (if they seized only, or exiled (if they only interfere public order). Sentence that that was a humility in the world for them, and in afterworld later they obtain suffering torture very large." (Al-Ma'idah Surah: 33)
Finally,To carry out punishment tazir this necessary also carry hudud law and punishment with. Claim some parties which said just enough just carrying out punishment tazir only without carry out hudud and punishment is not coincide. May even these certain parties planning to use judicial institution to side their interest is inside discussing the case of something as sentence tazir lies within judge ' hand. hoped this explanation can explain difficulty of execution of the sentence and law Malaysia. For example such as sentence ta'zir.
