The rule of "al-ta'zir iddar al-shabha" (feasibility and necessity of establishment)

The main issue of the present study is the discussion of the possibility and necessity of establishing the rule of ta'zir iddar al-shabba, a rule that is similar to the rule of hudud tadr al-shabhat. The purpose of the present study is to outline the need to design an independent rule in repelling ta'zir when suspicion occurs. One of the achievements of this research in the field of feasibility study is proving the possibility of designing the rule of ta'zir based on the reason of synergy between the rules, in the shadow of which the rule of ta'zir will not be abolished. It is necessary to emphasize the founding role in a participatory way. And in the field of the necessity of planning this rule, the theory of the authenticity of the narrations of the rule of Al-Hudood was presented with suspicion as well as the meanings in the scope of this rule in the subject of ta'zir, which was not common among the predecessors. The source of the problems in the scope of the rule of limits is the invalidity of the possibility of setting the word limits for absolute punishment, because this possibility is neither compatible with the rules of language nor with the jurisprudential salutation. The result is an emphasis on the exclusive founding role of the Ta'zir rule and the departure of this rule from the design priority to the necessity of establishment.