Is killing a discretionary punishment (ta'zir)? And what is the limit that should not be exceeded in ta'zir, or what is the rule followed in ta'zir?

The questioner : Our Shaykh, go back to the first issue, the issue of killing. Some people, I say, some people may cite the saying of the Messenger (peace and blessings be upon him): and they say that this killing is a discretionary punishment (ta'zir) and not a fixed punishment (hadd), so it can be said that there is something here.

Another questioner : No, I mean.

The questioner : Ah, it can be said that simply on the fourth offense, and therefore, a fortiori, for example, those who deal in hashish or narcotics and cocaine, and so on.

The Shaykh : Yes, but when you say it is a discretionary punishment (ta'zir) and not a fixed punishment (hadd) — and peace be upon you — you do not say that except based on the apparent text.

The questioner: Correct.

The Shaykh : Ah, and I mean that if the first hadith I mentioned earlier: then this is the rule. If a hadith comes: and in your previous expression, and that is correct, that his killing on the fourth offense is a discretionary punishment (ta'zir), because it is not a mandatory, established matter, but rather a matter that returns to the opinion of the Muslim ruler.

The questioner : In terms of public benefit and its assessment.

The Shaykh : Yes, ah, so in that case, we say the original rule is .

The questioner : Ah.

The Shaykh : So the issue of is an exception to this or that text, so we have followed the text.

The questioner : Without expansion.

The Shaykh : Without expansion, but from the aspect our brother the orator pointed out to us, meaning that one should not take "corruption in the land" alone, because this word is in the context of the verse.

The questioner: Correct.

The Shaykh : So if this description applies to a type of crime where they strive to spread corruption in the land, then in that case, it is possible to apply discretionary punishment (ta'zir) based on the verse.

The questioner: Yes.

The Shaykh : It is not just corruption, but striving to spread corruption.

The questioner : I understood.

The Shaykh : Because this is the text of the verse.

The questioner: Allahu Akbar.

Another questioner : I mean, if... for the sake of the cause, is it possible?

The Shaykh : Yes, it is possible.

The questioner : Sometimes drug dealers who are not judged with a severe deterrent like killing, for example, have huge amounts of money that can reach more than the total of, for example... drug dealers can buy the prison they are in.

Another questioner : Dealers!!

The questioner : The dealers buy the prison they are in, through their intermediaries, even at the level of the head of state himself.

The Shaykh: Allahu Akbar.

Another questioner : The problem is that this matter has reached the point where the state itself is participating in it.

The Shaykh: Yes.

The questioner : The officials themselves, the interior ministry itself, the police itself, are the ones who...

The Shaykh : The important thing is they only earn in the sense that they earn.

The questioner : Even in Saudi Arabia, the same thing.

Another questioner: Allahu Akbar.

The questioner : Because the profits are huge and in a few days.

The Shaykh : Allah is the Greatest, Allah is the Greatest.

The questioner : ... .

The Shaykh: Allahu Akbar.

The questioner : Colombia, ah, this is known, there is no country where drugs are the basis.

The questioner : ... .

Another questioner : ... .

The questioner : ... .

The Shaykh: Allahu Akbar.

The questioner : ... and they collude with drug dealers.

The Shaykh : Praise be to Allah for Islam.

The questioner : Yes, by Allah, Allah is the Greatest.

The Shaykh : I mean, perhaps Allah will support Islam by the Muslims holding on to the rulings of their religion.

The questioner : The remaining remnants.

The Shaykh : Yes, that is it.

Another questioner : It is said that the one who uses narcotics loses his manliness until he sees his honor.

The Shaykh : Ah, he does not care.

The questioner : He does not care.

The Shaykh: By Allah, that is true.

The questioner : Because some of them sell their honor to the police... and this has happened in Saudi Arabia and in Egypt, and they call it trade.

The Shaykh: Allahu Akbar.

The questioner : He sells his honor and it does not matter to him.

The Shaykh : I seek refuge in Allah, this news is not true.

The questioner : This is from reality, O our master the Shaykh.

The Shaykh : Except that it is a reality.

The questioner : Reality.