Analysis of the Theory of Generality of the Concept of Ta'zir (Discretionary Punishment)

One of the four categories of penal reaction in the criminal policy of Islam are discretionary punishments which are highly important in terms of how they are determined and executed. Among the subject-matters that need to be studied meticulously in connection with discretionary punishments is the fact that physical punishments constitute the common form of punishment in Arab and non-Arab societies but the Lawgiver has also emphasized on the necessity of executing other forms of punishments such as financial penalties and restriction of freedom. The present article adopting an analytical – descriptive method discusses this issue from the point of view of discretionary punishment, and it concludes that discretionary punishments are not confined to flogging; rather it includes any form of punishments and reactions that help prevent a delinquent from committing a felony. It is therefore not proper to restrict punishments to one or several punishments; rather the Muslim judge or ruler i