Citation

Alshardan RMM. BiLD Law J. 2022; 7(2): 20-31.

Copyright

(Copyright © 2022, Bangladesh Institue of Legal Development)

DOI

unavailable

PMID

unavailable

Abstract

This study aimed to consolidate Quran and Sunnah death punishment laws for tazeer offenses, determine if Al-mazaheb Al-Fiqhiya allows the death penalty for tazeer charges, and explain the Sharia-compliant opinion. The researcher used inductive and deductive descriptive methodologies. Arabic ta'zeer means "restrain," and "Al-Qatl" actually means "subdue someone" "Execution represents"spiritual discipline" and "killing." Fuqaha debated whether the death punishment was Hudood or Tazeer. Maliki and Shafai experts say the death punishment for tazeer is illegal. Most scholars advocate executing tazeer. The committee of experts rules the death penalty for tazeer offenses involving Muslim espionage, heresy, repeated drinking, homosexuality, and stealing. After examining the jurists' (Al-Fuqaha) writings and viewpoints on the issues, it's clear that the death penalty for tazeer crimes is not permissible since it meets Shariah's purposes in safeguarding and keeping the soul. The paper recommends more research on tazeer offenses, sanctions, and Qisas (retaliation in kind). More research is needed to verify Islamic thinkers' jurisprudential beliefs.

Language: en