التعزير بدل العقوبة الحدية

الملخص EN

This study discusses the Ta’zir punishment and replacing it with Hadi᾽ya Penalties.

The researchers used the inductive and deductive approaches.

The study is divided into an introduction and three chapters and a conclusion.

The introduction explains the importance of the research, its problem, questions, hypotheses, objectives, methodology, and structure.

The introduction also cites some previous studies in the subject.

The first chapter introduces and defines punishment and its sections.

The second chapter explains the meaning of the prescribed punishment (Hudud) and its lawfulness.

The third discusses the ruling on replacing Ta'zir by Hudud when it is impossible to establish the Hudud punishment.

The chapter concludes by explaining the necessity of establishing the prescribed punishment, whose conditions are met, and that it is not permissible to replace it by other punishments.

The most important finding is: It is also permissible to Replace Ta’zir by Hudud when it is impossible to apply Ta’zir taking into consideration some legal controls.

The recommendation is: need of displaying the bright picture of punishments in the Sharia.

It also recommends the governors and those responsible for the implementation of penalties in the community of the importance of observing the rules of Islamic law when applying Hudud.