Talk:Tazir

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Untitled[edit]

The phrase "he difference between Had and Tazir can be compared with felony and misdemeanors in the US." is extremely misleading. In American law there are two sorts of wrongs the courts can mediate:

Crimes (which are against society) Civil matters (against individuals, but not inherently illegal)

Of course there is no such thing as a "crime against God" in American law - and frankly in modern thought the phrase "crime against God" sounds completely meaningless.

Also I believe the article detailing what is considered "a crime against God" under Sharia is wrong from beginning to end. Given the details of trials I've read about, I doubt that murder is generally considered a crime against god under Sharia. Critisizing the prophet or critisizing Islam in general would be an example of crime against God - and unlike murder, the punishment would be fixed and not negotable. —Preceding unsigned comment added by 63.105.65.5 (talk • contribs)

In response to above comment - murder is not a "crime against God" but neither is criticizing the prophet or criticizing Islam. The "crimes against God" were fornication, false accusation of fornication, drinking alcohol, theft, highway robbery and apostasy.

Corrections to tazir punishments section[edit]

I have removed the reference to imprisoning debtors here. Debtors could be imprisoned in pre-modern Muslim societies, but this was not a taʿzīr penalty. It's a separate concept - debt is not an offense. The reference was also wrong because it specified insolvent debtors. If someone was insolvent they could not be imprisoned. The point of prison was to coerce them into paying, so there's no point in doing it if they genuinely can't pay. Only solvent debtors who refused to pay were imprisoned.

I also removed the last few sentences because they were not relevant to the section: they covered evidence, not punishments. In addition, the reference to "prosecution" is anachronistic (there was no such thing in pre-modern Islamic law), and the citation to Rapoport (non-Maliki judges referring offenders to Maliki judges) concerns the hadd offense of apostasy, not a ta'zir offense. — Preceding unsigned comment added by 134.219.120.212 (talk) 11:34, 31 October 2018 (UTC)[reply]