At-Tazeer in Islamic Punishment Law

Abstract

Islamic Law, accepts the separation of 'İbadât', 'muamelât', and 'Ukûbât' instead of the separation of Private and Public laws. There are two kinds of penalties in islamic Criminal Law: first group is formed of penalties determined by Allah and the Prophet and the other group is formed of penalties called 'ta'zir' which are determined by administrators and governing bodies. Penalties called 'ta'zir' makes islamic Criminal Law flexible and enable islamic Criminal Law to be applied all kinds of conditions different ages. Amount in 'ta'zir' penalties is not predetermined but there are samples of its appliacations in concerned resources. When we examine these samples we see that 'tazir' may be subdivided as following: Corporal penalties: includes capital sentence and whipping /celd). Penalties limiting freedom: imprisonment and exile. Financial penalties: 'Tağyir': changing the property subject of the crime. 'İtlaf: 'terminating the property which is subject of the crime. 'Garame:' Monetary fines. 'Müsadere:' seizing the property. There are also warning and litigation penalties such as: 'azil' being removed from office 'teşhir (exposing), 'tevbîh (rebuking),' 'tecrit (isolation).' These are kinds of 'ta'zir' of which samples of application exist. However this does not mean there may not be any other kind of 'ta'zir' penalties. Concerned governing bodies may apply new 'ta'zir' penalties in accordance with general public principles.