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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Is it permissible to increase the limit of flogging as a discretionary punishment?

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Question:
We read a lot about discretionary punishments that reach four hundred lashes or a thousand lashes, which is more than the fixed punishments, so what is the opinion on that?

Answer:
The correct view is that discretionary punishment is not fixed, but rather it is based on what stops the corruption. Crimes are subject to the independent legal reasoning of the ruler. The discretionary punishment may be execution if the criminal does not desist from killing; he is executed, and it is called a discretionary punishment. So, discretionary punishment has no fixed limit; it is according to the ruler's independent legal reasoning and what deters the crime and restrains criminals.
Source قناة «العلامة الدكتور صالح الفوزان»، [2361 -2802] هل يجوز الزيادة في حد الجلد تعزيراً؟ - الشيخ صالح الفوزان — youtube.com

The Arabic text is a machine transcription of the audio recording.

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