The Meaning of Ta'zir by Execution
Machine translationRead the Arabic original
The questioner:
Honorable Shaykh! We hear a lot about the retaliation (qisas) of some individuals, and that the ruling is that he is executed as a ta'zir (discretionary punishment). What is ta'zir in the context of qisas? I ask for detail regarding the scope of ta'zir.
The Shaykh:
Ta'zir is discipline. Ta'zir is discipline. And its determination is referred to the one in authority (wali al-amr); the determination of the ta'zir is referred to the one in authority. So if this criminal has prior convictions and has not been deterred by the punishments, then he is executed, because he has become like a madman who attacks people; he has become like a lion, and like a rabid dog. So this one is executed; in the end, he is executed to cut off his harm. If he is not deterred except by execution, then he is executed. This execution is called ta'zir in order to prevent others from committing this crime. Yes.
The questioner:
Honorable Shaykh, is it permissible for a person...
The Shaykh:
...in Islam, if the hudud (fixed punishments) and the Sharia punishments do not bring him back, then he is killed, because he has become a madman, and the madman is killed.
Honorable Shaykh! We hear a lot about the retaliation (qisas) of some individuals, and that the ruling is that he is executed as a ta'zir (discretionary punishment). What is ta'zir in the context of qisas? I ask for detail regarding the scope of ta'zir.
The Shaykh:
Ta'zir is discipline. Ta'zir is discipline. And its determination is referred to the one in authority (wali al-amr); the determination of the ta'zir is referred to the one in authority. So if this criminal has prior convictions and has not been deterred by the punishments, then he is executed, because he has become like a madman who attacks people; he has become like a lion, and like a rabid dog. So this one is executed; in the end, he is executed to cut off his harm. If he is not deterred except by execution, then he is executed. This execution is called ta'zir in order to prevent others from committing this crime. Yes.
The questioner:
Honorable Shaykh, is it permissible for a person...
The Shaykh:
...in Islam, if the hudud (fixed punishments) and the Sharia punishments do not bring him back, then he is killed, because he has become a madman, and the madman is killed.
Source
شرح بلوغ المرام من أدلة الأحكام [ صالح الفوزان ]، باب العارية — islamhouse.com (53:04)
The Arabic text is a machine transcription of the audio recording.