The classical Islamic legal tradition did not have a separate category for criminal law as does modern law. The classical Islamic jurisprudence typically divided the subject matter of law into four “quarters”, that is rituals, sales, marriage, and injuries. Quran and the Hadiths, and whose violation is deemed in Islam as a crime against God, and requires a criminal major act pakistan pdf punishment.
Included in this category is homicide, for example, which Islamic law treats as a civil dispute between believers. Qisas principle is available against the accused, to the victim or victim’s heirs, when a Muslim is murdered, suffers bodily injury or suffers property damage. Quran or the Hadiths, but where neither the Quran nor the Hadiths specify a punishment. Tazir punishment is for actions which are considered sinful in Islam, undermine the Muslim community, or a threaten public order during Islamic rule, but those that are not punishable as hadd or qisas crimes. The legal restrictions on the exercise of that power are not specified in the Quran or the Hadiths, and vary.
Crimes punished by tazir do not require proof that hadd or qisas crimes require, such as four male Muslim witnesses. The judge enjoys considerable leeway in deciding an appropriate form of punishment, and the punishment does not have to be consistent across the accused persons or over time. The ruler or qadi also has the discretion to forgive tazir offenses. The word tazir is not used in the Quran or the Hadith, in the sense that modern Islamic criminal law uses it. However, in several verses of the Quran, crimes are identified, punishment of the accused indicated, but no specific punishment is described. These instances led early Islamic scholars to interpret the Quran as requiring discretionary punishment of certain offenses, namely Tazir. Allah after that obedience has been rendered to Him, their plea is null with their Lord, and upon them is wrath, and for them is severe punishment.
Tazir offenses are broadly grouped into two sub-categories in Islamic literature. 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. 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. Numerous other offenses are included in Tazir category. Tazir punishments are common in Sharia courts for less serious offenses.
Punishments vary with the nature of crime and include a prison term, flogging, a fine, banishment, and seizure of property. Execution is allowed in cases such as habitual homosexuality, practices which split the Muslim community, propagating heretical doctrines or espionage on behalf of an enemy of the Muslim state. 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. Judges would use the difference in fiqh to the advantage of prosecution and disadvantage of the defendant. At least during the fourteenth century non-Malakite judges “often” sent defendants to Malakite judges.