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The question

Can a judge rule an additional discretionary (ta'zir) punishment on a person who committed a crime that necessitates a fixed (Hadd) punishment or retribution (Qisas)?

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Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

Ta'zir is a disciplinary punishment imposed by the ruler for a crime or transgression for which the has not prescribed a specific penalty, or for which the conditions for executing a fixed (hadd) punishment have not been met. Hadd, on the other hand, is a prescribed punishment for the benefit of the community and cannot be waived. If the public interest necessitates increasing the ta'zir for someone who has committed a hadd crime, there is no harm in it, such as 'Umar's action of lashing a drunkard eighty times, and 'Ali's action of lashing a drunkard during the daytime in eighty times for the hadd and twenty times for breaking the fast.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
35780
Added here
. This is when the answer was added to El Fatwa, not the fatwa's date.
Text
Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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Read the full answer on Ftawy