What is the definition and scope of Ta'zir (discretionary punishment)?
General Chapter
Al-Mughni
Book of Beverages (Intoxicants)
Primary text
Ta'zir applies to infractions that do not carry a prescribed legal penalty (Hadd), such as illicit sexual acts without full penetration or menstruation, sexual assault not involving the primary orifice, theft below the legal minimum (nisab), theft without proper enclosure (hirz), robbery, embezzlement, secret appropriation, or any physical harm or verbal abuse (other than slander/qadhf) that does not necessitate a Hadd, Qisas (retaliation), or Diyah (blood money). The essence of Ta'zir is deterrence, which is also the linguistic root of the term, as it means support through preventing harm to one's enemy.
Supporting text
There is a scholarly difference regarding the maximum extent of Ta'zir. Some narrations from Ahmad indicate it should not exceed ten lashes. This view is supported by the Hadith stating that no one should be flogged more than ten lashes except for a divinely ordained Hadd.