What is the hierarchy of severity among prescribed corporal punishments (Hudud) and discretionary punishments (Ta'zir)?
General Chapter
Al-Mughni
Book of Beverages (Intoxicants)
Primary text
The most severe corporal punishment is that prescribed for adultery (Zina), followed by the punishment for slander (Qadhf), then the punishment for drinking intoxicants (Shurb), and finally, discretionary punishment (Ta'zir). The evidence for prioritizing the punishment for Zina is derived from the emphasis in the divine command: "Nor let pity for them take hold of you in the execution of the Law of Allah" (Quran 24:2). Since the number of lashes cannot exceed that already established for Zina, the severity must manifest in the quality or intensity of the beating (its 'Sifah'). Furthermore, since lesser established punishments (like Qadhf or Shurb) have fewer lashes than Zina, it is impermissible for them to exceed Zina in pain and severity, as this would lead to equating them or making a lesser quantity more painful than a greater one.
Supporting text
Imam Malik holds that all prescribed punishments are equal in severity because Allah commanded the lashing of the adulterer and the slanderer with a single type of command, and the purpose of all these punishments is deterrence, thus requiring equality in quality.