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The question

What is the difference between the punishments of Hadd and Ta'zir? And which of them is of a higher rank?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The hadd (prescribed penalty) is predetermined by Islamic law, is averted by doubts, is not obligatory for a minor, and applies to the dhimmī (non-Muslim living under Islamic rule). As for taʿzīr (discretionary punishment), it is entrusted to the judgment of the Imam, is obligatory despite doubts, is legislated for a minor, and is called a punishment for the dhimmī. The Imam has exclusive authority over hadd, whereas taʿzīr may be carried out by a husband, a master, or others who witness a transgression. Retraction is effective in hadd but not in taʿzīr, and intercession is not permissible in hadd, nor is it permissible for the Imam to abandon it. It may lapse due to prescription, unlike taʿzīr.

In terms of punishment, hadd can involve execution, crucifixion, flogging (one hundred or eighty lashes), amputation of the hand, imprisonment, or exile, depending on the sin. As for taʿzīr, it is left to the Imam's discretion and may involve beating, imprisonment, or anything else he deems deterrent, provided that flogging does not exceed ten lashes, based on the Prophet's (peace be upon him) saying: "No one is to be flogged more than ten lashes, except in a hadd among the hudūd (prescribed penalties) of Allah." The punishment of hadd is greater than that of taʿzīr.

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Ftawy
Original fatwa ID
81272
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