What is the maximum limit for Ta'zir in specific sexual offenses involving owned women?
General Chapter
Al-Mughni
Book of Beverages (Intoxicants)
Primary text
In specific cases related to sexual misconduct, the punishment can reach up to ninety-nine lashes, stopping just short of the Hadd for adultery (Zina). This applies when the offense is the sexual abuse of one's wife's female slave with her permission, or the abuse of a jointly owned female slave. This exception is based on reports concerning the rulings given by Umar and Al-Nu'man ibn Bashir's father, respectively, indicating that the punishment should be one lash less than the prescribed Hadd for Zina.
Supporting text
The prevailing opinion derived from Ahmad's statements suggests the general limit of ten lashes should be maintained, except for the two specific cases of the jointly owned female slave and the wife's slave due to the specific narrations. Offenses other than these two remain subject to the general restriction derived from Abu Burda's narration.