Is compensation required if death occurs during *Ta'zir* (discretionary corporal punishment)?
General Chapter
Al-Mughni
Book of Beverages (Intoxicants)
Primary text
No compensation (*daman*) is required if death results from *Ta'zir*. This is the position held by Malik and Abu Hanifa. The basis for this ruling is that *Ta'zir* is a prescribed punishment intended for deterrence and restraint (*rad'*, *zajr*). Just as no compensation is due for death resulting from a legally prescribed fixed punishment (*hadd*), none is due for death resulting from *Ta'zir*.
Supporting text
Al-Shafi'i mandates compensation, basing his view on a narration attributed to Ali stating that he felt no remorse if someone died from a prescribed *hadd*, except for the punishment of alcohol consumption (*hadd al-khamr*). Ali reportedly advised Umar to pay compensation for a woman who miscarried after receiving the alcohol punishment, as the Prophet (peace be upon him) did not prescribe it for them. However, this narration regarding the alcohol punishment is contradicted by other Companions who did not mandate compensation, and it is not acted upon by Al-Shafi'i or other jurists, rendering it invalid for establishing a precedent.