الظروف المشددة والمخففة في عقوبة التعزيز

Abstract

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.