Is discretionary punishment permissible in addition to the fixed Qur'anic punishment?
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The questioner : Does imposing the fixed Qur'anic punishment of flogging on a person conflict with imposing a discretionary punishment on him, for example, more than the fixed limit, such as a thousand lashes or so, distributed...?
The Shaykh : If we say that it is a discretionary punishment and that it is left to the opinion of the Imam, we say there is no harm in flogging him with more than eighty lashes, distributed. However, the common case is that those who rule with more than eighty distributed lashes are usually dealing with a drinker who has prior offenses or subsequent consequences. Prior offenses mean, for example, that he has drunk intoxicants several times, or subsequent consequences mean that when he drank intoxicants, he corrupted some of people's wealth, or he encroached upon someone's honor, or something similar. Four, okay.
The reader: This, O Shaykh, do you have it once or twice?
The Shaykh : I have it once.
The reader: Once?
The Shaykh : Yes.
The Shaykh : If we say that it is a discretionary punishment and that it is left to the opinion of the Imam, we say there is no harm in flogging him with more than eighty lashes, distributed. However, the common case is that those who rule with more than eighty distributed lashes are usually dealing with a drinker who has prior offenses or subsequent consequences. Prior offenses mean, for example, that he has drunk intoxicants several times, or subsequent consequences mean that when he drank intoxicants, he corrupted some of people's wealth, or he encroached upon someone's honor, or something similar. Four, okay.
The reader: This, O Shaykh, do you have it once or twice?
The Shaykh : I have it once.
The reader: Once?
The Shaykh : Yes.