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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. [26] The legal restrictions on the exercise of that power are not specified in the Quran or the Hadiths, and vary. [3]
The Islamic followers of Mohammed executed the men of the Jewish tribe of Banu Qurayza for a treaty violation, with several hundred killed in 627. [36] After the Battle of Hattin (1187), Saladin personally beheaded Raynald of Châtillon; a Christian knight who served in the Second Crusade and organized attacks against Islam's two holiest cities ...
As well as corporal punishment, some Islamic countries such as Saudi Arabia and Iran use other kinds of physical penalties such as amputation or mutilation. [54] [55] [56] However, the term "corporal punishment" has since the 19th century usually meant caning, flagellation or bastinado rather than those other types of physical penalty.
The punishment is recorded in number of traditions and the practice of Muhammad stands as an authentic source supporting it. This is the view held by all Companions, Successors and other Muslim scholars with the exception of Kharijites." [39] Hanbali Islamic law sentences all forms of consensual but religiously illegal sex as punishable with Rajm.
Petty crimes, and some major ones, are typically settled by fines, and grievous crimes by corporal or capital punishment. Bedouin tribes are typically held responsible for the action of their members; if the accused fails to pay a fine, the accused's tribe is expected to pay and becomes obligated to the tribe. [3]
The punishment is normally carried out in an enclosed area out of the view of the public, even though the Syariah Criminal Procedure (Sabah) Enactment 1993 allows the court to determine where the caning is to take place. [50] The offender remains fully dressed; men remain standing when they receive the punishment while women are seated.
A. Quraishi (1999), "Her honour: an Islamic critique of the rape provisions in Pakistan's ordinance on zina," Islamic studies, Vol. 38, No. 3, pp. 403–431 JSTOR 20837050 "Punishment in Islamic Law: A Critique of the Hudud Bill of Kelantan, Malaysia," Mohammad Hashim Kamali, Arab Law Quarterly, Vol. 13, No. 3 (1998), pp. 203–234 JSTOR 3382008
Cases of corporal punishment increased in November 2022 when the leader of the Taliban called on judges to impose these punishments whenever Islamic law conditions were met. [9] The Islamic Emirate of Afghanistan (IEA), however, has rejected UNAMA's claims as baseless.