(Kolej Universiti Islam Malaysia, 2006)
Abdul Hadi Bin Mat Idris; عبد الهادي مت إدريس
This research is made to know profoundly about the implementation of ta'zir
punishment practiced in some Islamic countries. The main focus of this research
toward the way of punishment implemented either it needs to be imposed heavily or
light to the offender. The research can be categorized as library research because it
points out and elaborates a lot of opinion and discussion of Islamic scholarship hm
certain books such as fiqh and tafsir books. However there are no many books discuss
this topic related to ta'zir punishment. So, it becomes one of the main objectives why
this research is created. The main contents of this research, the researcher tries to
explain the definition, Islamic perspective toward this punishment and the kind of
offenses can be imposed under ta'zir punishment. Actually syara' & ta'zir
punishment as acceptable punishment practiced in the society although it not clearly
mentioned in the Quran or Sunnah about the amount and type. As a conclusion ta'zir
punishment is subject to the discretion of the judge, the question arises about whether
this discretionary power is absolute or limited.