In Islamic traditional jurisprudence it is assumed that punishments are either had (prescribed punishment) or ta\u2019zir (discretionary punishment left to the decision of the judge in each case). There are also some specific crimes which are considered as ta\u2019zir while for which the quantity and quality of punishment is determined and fixed in some traditions. Islamic jurists have named such punishments as al-Ta\u2019zirat al-Mansoos (Explicitly Mentioned Discretionary Punishments). This kind of punishment, in its turn, has increased ambiguity in the number of hodood (prescribed punishments) and yield in confusion in whether they are had(prescribed punishment) or ta\u2019zir (discretionary punishment). The main question regarding this kind of punishments is that whether they are among changeable and discretionary punishments or unchangeable and fixed punishments. This article has considered the traditions mentioning the cases of specifically mentioned discretionary punishments as judicial traditions. This means that the quality and quantity of punishment in these cases are not unchangeable. Consequently, there is no substantial difference between this kind of ta\u2019zir and other general ta\u2019zirat. Therefore, it is of judge\u2019s authority to determine the quantity and quality of the punishment as each case requires. Similarly, there is room to apply modern criminal institutes like suspension of punishment, adjournment of judgment and criminal prescription in Punishments in all instances of al-Ta\u2019zirat al-Mansoos.<\/p>\n","protected":false},"excerpt":{"rendered":"
In Islamic traditional jurisprudence it is assumed that punishments are either had (prescribed punishment) or ta\u2019zir (discretionary punishment left to the decision of the judge in each case). There are also some specific crimes which are considered as ta\u2019zir while for which the quantity and quality of punishment is determined and fixed in some traditions. […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5],"tags":[72,70,68,71,69],"class_list":["post-276","post","type-post","status-publish","format-standard","hentry","category-islamic-law","tag-administrative-narrations","tag-al-tazirat-al-mansoos","tag-had","tag-judicial-narrations","tag-tazir"],"_links":{"self":[{"href":"https:\/\/www.rnobahar.ir\/en\/wp-json\/wp\/v2\/posts\/276","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.rnobahar.ir\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.rnobahar.ir\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.rnobahar.ir\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.rnobahar.ir\/en\/wp-json\/wp\/v2\/comments?post=276"}],"version-history":[{"count":1,"href":"https:\/\/www.rnobahar.ir\/en\/wp-json\/wp\/v2\/posts\/276\/revisions"}],"predecessor-version":[{"id":277,"href":"https:\/\/www.rnobahar.ir\/en\/wp-json\/wp\/v2\/posts\/276\/revisions\/277"}],"wp:attachment":[{"href":"https:\/\/www.rnobahar.ir\/en\/wp-json\/wp\/v2\/media?parent=276"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.rnobahar.ir\/en\/wp-json\/wp\/v2\/categories?post=276"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.rnobahar.ir\/en\/wp-json\/wp\/v2\/tags?post=276"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}