Who determines ta'zir (discretionary punishment) and the ruling on exceeding ten lashes for a disciplinarian
Machine translationRead the Arabic original
The questioner:
My brother, to whom is the determination of ta'zir (discretionary punishment) delegated?
The Shaykh:
To the one in authority, to the ruler's authority, and to whoever he appoints.
The questioner:
It might be, for example,
The Shaykh:
And if the one in authority sees it appropriate to delegate it to the court, there is no harm. Yes.
The questioner:
The judge to whom it is delegated might not be at the required level of knowledge and trustworthiness.
The Shaykh:
The volunteer among them, and he leaves it to the people, or else their leader is among them, and their volunteer is among them, and their imam is among them, so all of them might not be at the level, even the ruler himself might not be at the level, but the people have no obligation except this,
The questioner:
The Shaykh, this one sits with many of those who do not send the truth with him.
The Shaykh:
Yes.
The questioner:
A thousand lies, the one who sits with is better than the absent one,
The Shaykh:
That is, if the matters become confused in it, yes.
The questioner:
May Allah reward you.
The Shaykh:
If the truth becomes clear, it is with us right.
The questioner:
The intended meaning of the one in authority is the people of knowledge, the scholars.
The Shaykh:
The ruler's authority, and the scholars are included among the ones in authority.
The questioner:
He does not ignore it, meaning it does not result in [consequences].
The Shaykh:
If he ignores it, he delegates it to the grape. Yes.
The questioner:
Give me the expression of Abdullah.
The Shaykh:
The ones in authority are the scholars and the princes, this is the correct view regarding them. Yes.
The questioner:
Regarding teachers, they increase the students, they accept more than ten and they beat the students, does this fall within the hadith?
The Shaykh:
Allah is closer that this is confused, it does not suffice beyond ten.
The questioner:
Are there not existing proofs?
The Shaykh:
The closest view is that he does not know its majesty or it falls within this, the disciplinarian and the man with his son and with his servant and with his wife, all of them are rare with it, so this is the best that has been said in this, yes.
My brother, to whom is the determination of ta'zir (discretionary punishment) delegated?
The Shaykh:
To the one in authority, to the ruler's authority, and to whoever he appoints.
The questioner:
It might be, for example,
The Shaykh:
And if the one in authority sees it appropriate to delegate it to the court, there is no harm. Yes.
The questioner:
The judge to whom it is delegated might not be at the required level of knowledge and trustworthiness.
The Shaykh:
The volunteer among them, and he leaves it to the people, or else their leader is among them, and their volunteer is among them, and their imam is among them, so all of them might not be at the level, even the ruler himself might not be at the level, but the people have no obligation except this,
The questioner:
The Shaykh, this one sits with many of those who do not send the truth with him.
The Shaykh:
Yes.
The questioner:
A thousand lies, the one who sits with is better than the absent one,
The Shaykh:
That is, if the matters become confused in it, yes.
The questioner:
May Allah reward you.
The Shaykh:
If the truth becomes clear, it is with us right.
The questioner:
The intended meaning of the one in authority is the people of knowledge, the scholars.
The Shaykh:
The ruler's authority, and the scholars are included among the ones in authority.
The questioner:
He does not ignore it, meaning it does not result in [consequences].
The Shaykh:
If he ignores it, he delegates it to the grape. Yes.
The questioner:
Give me the expression of Abdullah.
The Shaykh:
The ones in authority are the scholars and the princes, this is the correct view regarding them. Yes.
The questioner:
Regarding teachers, they increase the students, they accept more than ten and they beat the students, does this fall within the hadith?
The Shaykh:
Allah is closer that this is confused, it does not suffice beyond ten.
The questioner:
Are there not existing proofs?
The Shaykh:
The closest view is that he does not know its majesty or it falls within this, the disciplinarian and the man with his son and with his servant and with his wife, all of them are rare with it, so this is the best that has been said in this, yes.
Source
شرح بلوغ المرام [ ابن باز ] [ الشرح القديم ]، بداية من باب حد السرقة — islamhouse.com (1:24:20)
The Arabic text is a machine transcription of the audio recording.