تعزیر بالمال کے مانعین اور مجوّزین فقہاء کی آراء کا تجزیاتی مطالعہ

An Analytical Study of the Opinions of Prohibitors and Proponents of Taʿzīr Bilmāl (Ponitive Money)

Abstract

In Islam, there is a system of Ḥudūd and Punishments to prevent crimes. Punishments prescribed for crimes related to the rights of Allāh are Ḥudūd ul Allāh, while other non-prescribed punishments are called Taʿzīrāt. Penal punishments are certainly an effective means of deterring crime and reforming society. Punishment includes any punishment that deters the offender from committing the crime again etc. The jurists agree that the punishment of wealth was permissible in the beginning of Islam, but the question is whether its justification still remains or not? The majority of Aḥnāf, Shawāfeʿ, Mālikiyah and Ḥanābalah are convinced of the unjustification of financial punishment. The second opinion is that it is still permissible, this is the view of Imām Abū Yūsuf and the famous persuasion of Imām Mālik, the ancient saying of Imām Shāfiʿī is also valid, there is also a sentiment from Imām Aḥmad which Ibn e Taymiyyah and his student Ibn e Qayyim reported. What is the option? Since in the modern era, due to the lack of Islamic law of Ḥudud and Taʿzīrāt, there has been a great abundance of financial punishment in practice and its interaction is everywhere, therefore, the preferable opinion is that the punishment with money is permissible under compulsion.