The Ruling on Ta'zir and Its Reaching the Level of Execution
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Question:
He says: Honorable Shaykh, may Allah grant you success, does discretionary punishment (ta'zir) extend to the point of killing?
Answer:
It can extend to the point of killing. Yes, it can extend to the point of killing[Al-Ma'idah 5:33] If corruption reaches a certain level among the people, and this matter is known about him, and it cannot be repelled except by killing, then it is so, because he has the ruling of the one who spreads corruption. It has been reported regarding the drinker of intoxicants that he is punished with the hadd in the first instance, and in the second, and in the third, and in the fourth he is killed. This was mentioned in the hadith. Some scholars hold that he is killed in the fourth instance.
He says: Honorable Shaykh, may Allah grant you success, does discretionary punishment (ta'zir) extend to the point of killing?
Answer:
It can extend to the point of killing. Yes, it can extend to the point of killing
Indeed, the penalty for those who wage war against Allah and His Messenger and strive upon earth [to cause] corruption is none but that they be killed or
إِنَّمَا جَزَاءُ الَّذِينَ يُحَارِبُونَ اللَّهَ وَرَسُولَهُ وَيَسْعَوْنَ فِي الْأَرْضِ فَسَادًا أَن يُقَتَّلُوا أَوْ
Source
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The Arabic text is a machine transcription of the audio recording.