What is the ruling on ta'zir (unclear)?
Machine translationRead the Arabic original
Some say, yes, these are hudud (fixed punishments) that are obligatory and must be established. As for ta'zir, some hold that it is left to the ijtihad (independent legal reasoning) of the imam; if he sees that it should not be carried out, he does not carry it out. So, if we assume the imam exercised ijtihad, whether he erred in his ijtihad or was correct, and he did not establish the hadd (fixed punishment) upon him, this means that he will be punished in the Hereafter, and that is unavoidable.
