In Islamic Law, tazir (or ta'zir, Arabic ‫ )تعزير‬refers to sanction for offences at the discretion of the judge

(Qadi) or ruler of the state.

i) In Literal sense

Tazir means, "To punish"

(ii) In Legal sense

Tazir means, "Punishment which is at the discretion of the judge, when the offence relates to a private injury."

It is one of three major types of sanctions under Sharia Islamic law

 Hadd
 qisas
 tazir.

The Qur'an or Hadith has fixed the punishments for the hudud offenses that should be applicable if
someone has done these offences.

Hudood in the islam is the voilation of natural laws which are defined by the God. Examples for the
hudood crimes include Fornication ,Adultery, Drinking of alcohol, theft.

Qisas means “equality”. Intentional r unintentional physical injuries are the crimes that are part of the
qisas. Murder is the biggest crime and that is prohibited strictly in Islam. There is an equal
recrimination in cases such as murder or injury. Quran says “ [4:93] And whoever kills a believer
intentionally, his punishment is hell; he shall abide in it, and Allah will send His wrath on
him and curse him and prepare for him a painful chastisement.

ta'zir refers to punishments applied to the other offenses for which no punishment is specified in the
Qur'an or the Hadith.

According to Quran:

“And as for the two who are guilty of indecency from among you, give them both a punishment; then
if they repent and amend, turn aside from them; surely Allah is Oft-returning (to mercy), the Merciful.”

— Quran  4:16

Examples of Tazir:

Tazir offenses are broadly grouped into two sub-categories in Islamic literature.

First category:

The first are those offenses that have the same nature but do not exactly meet the complete
requirements of hudud crimes.

Examples of such Tazir offenses include thefts among relatives, or attempted but unsuccessful robbery,
attempted fornication witnessed by four male Muslims, and homosexual contacts such as kissing that
does not result in fornication.
Second category:

The second sub-category of Tazir offenses relate to offenses committed by an individual that violate
the behavior demanded in the Quran and the Hadiths.

Examples of the second sub-category include false testimony, loaning money or any property to
another person for interest in addition to principal, any acts that threaten or damage the public order or
Muslim community or Islam

Ibn e tamiyaah view point about tazir

The fourteenth century Islamic jurist IbnTaymiyyah included any form of disobedience as a Tazir
offense, and listed several examples where there is no legal penalty in Sharia:

 the man who kisses a boy or a woman unrelated to him by marriage or a very near kinship.
 The man who flirts without fornication.
 The man who eats a forbidden thing like blood, or dead animal which suffers natural death, or
meat that is slaughtered in an unlawful manner.
 The man who steals a thing lying in open or one whose value is unclear.
 The man who debases the commodities such as foodstuffs and clothes, or who gives short
measure of capacity or weight.
 The man who bears false witness or encourages others to bear false witness.
 The judge who judges contrary to what Allah has enjoined.
 The non-Muslim or Muslim engaged in espionage.
 The nashiz woman who questions or is rude to her husband.

 The man who questions Qadi's opinion or challenges the views of other Muslims.

Tazir punishments:

Gambling

In Islam, gambling mayasir is absolutely forbidden or prohibited in Islam. As when a person consumes
it, he or she is not in a conscious state. They don’t know about their actions. As satan prevails upon their
mind and heart. There are verses from the Qur’an which highlighted the prohibition of gambling and
the wisdom behind its prohibition. Allah says:

“They asked the Prophet (S.A.W) about khamr (intoxicants) and games of chance (gambling). Say, in
both of them there is great harm although there is some advantage as well in them for men, but their
harm is much greater than their advantages.”
There’s another verses which condemn the consumption of alcohol. And Quran
says

They ask you about wine and gambling. Say: 'In them both lies grave sin,
though some benefit, to mankind. But their sin is more grave than their benefit.'

— Qur'an, 2:219 (al-Baqara)[4]

From the above verses, it is obvious that maisir entail great sins and promises petty benefits and that
maisir is an abominable act of Satan. It is therefore imperative to avoid gambling in order to achieve
success and happiness in our lives. Satan sows in our hearts the seeds of enmity and hatred against one
another and turns us aside from the remembrance of Allah and other obligation particularly prayer by
means of games of chance. Although it entails some benefits as mentioned in the verse, we have to bear
in mind that its harmful effects outweigh d benefits to individual as well as people at large.

Charging and taking interest:

ٰ ،‫الربا‬, ‫ ربا‬ribā or al-ribā, IPA: [ˈrɪbæː]) can be roughly translated as "usury", or
Riba (Arabic: ‫الربوة‬
unjust, exploitative gains made in trade or business under Islamic law. Riba is mentioned and
condemned in several different verses. There are two types of Riba

1. Riba-al-Nasiyab:
2. Riba-al-Fidl:

While Muslims agree that riba is prohibited, not all agree on what it is, or whether it should be punished
by humans. It is often used as an Islamic term for interest charged on loans, and this belief that there is a
consensus among Muslims that interest is riba—is the basis of a $2 trillion Islamic banking industry.
However, not all scholars equated riba with all forms of interest, and among those who do there is also
disagreement over whether it is a major sin and against sharia (Islamic law), or simply discouraged
(makruh).

Quran dealings with Riba:

The Mekkan verse in SurahAr-Rum was the first to be revealed on the topic. There are twelve verses in
the Qur'an deal with riba. The word appearing eight times in total, three times in 2:275, and once in
2:276, 2:278, 3:130, 4:161 and 30:39.

Implementation of tazir punishment

 Tazir punishments are ordinary in Sharia courts for slight Important offenses. The nature of crime
defines the type of punishment and include a prison term, scourge , a fine, banishment, and seizure of
property. Execution is allowed in cases such as

 habitual homosexuality
 practices which expectorate the Muslim community
 propagating heretical doctrines or espionage on behalf of an enemy of the Muslim state.

All four schools of fiqh (Madhhab), namely Hanafi, Maliki, Shafii and Hanbali allow the death penalty at
the caution of the state or Qadi, for certain Tazir offense . Judges would use the difference in fiqh to the
advantage of prosecution and disadvantage of the defendant.

1. Beating:

Malakitefiqh allowed for beating during examination of the accused had a "bad reputation", and
"an expansive approach to capital punishment" compared to other schools. At least during the
fourteenth century non-Malakite judges "often" sent defendants to Malakite judges.

2. Prison:

Traditionally Ta'zir often varied between schools of fiqh. Insolvent debtors were generally required to
sell their goods, but a Hanafite judge would send the defendant to jail until their creditors were paid. For
example. Hanafite and Shafi'itefiqh allowed a judge sometimes to "rely on information personally
acquired instead of independent testimony"—even in cases where the defendant faced capital
punishment

3. Lashing: