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)?
Ta'zir is a disciplinary punishment imposed by the ruler for a crime or transgression for which the Sharia 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 Ramadan eighty times for the hadd and twenty times for breaking the fast.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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