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In Islamic Law, ''tazir'' (or ''ta'zir'', Arabic تعزير) refers to punishment, for offenses at the discretion of the judge (Qadi) or ruler of the state.〔(Tazir ) Oxford Islamic Studies, Oxford University Press〕 It is one of three major types of punishments or sanctions under Sharia Islamic law — ''hadd'', ''qisas'' and ''tazir''.〔 The punishments for the hudud offenses are fixed by the Qur'an or Hadith〔("Hadd" ) Oxford Islamic Studies〕 (i.e. "defined by God"), qisas allow equal retaliation in cases such as murder or injury, however ta'zir refers to punishments applied to the other offenses for which no punishment is specified in the Qur'an or the Hadith.〔〔 ==Overview== The classical Islamic legal tradition did not have a separate category for criminal law as does modern law.〔Wael Hallaq (2009), SHARI’A: THEORY, PRACTICE, TRANSFORMATIONS, Cambridge University Press, ISBN 978-0521678742, pp. 309, 551-558〕 The classical Islamic jurisprudence typically divided the subject matter of law into four "quarters", that is rituals, sales, marriage, and injuries.〔 In modern usage, Islamic criminal law has been extracted and collated from that classical Islamic jurisprudence literature into three categories of rules:〔Mark Cammack (2012), Islamic Law and Crime in Contemporary Courts, BERKELEY J. OF MIDDLE EASTERN & ISLAMIC LAW, Vol. 4, No.1, pp. 1-7〕 *''Hadd'' (literally "limit") under Sharia, are rules stated in the Quran and the Hadiths, and whose violation is deemed in Islam as a crime against God, and requires a fixed punishment. Hadd crimes include〔("Hadd" ) Oxford Islamic Studies, Oxford University Press〕 theft (amputation of the hand), illicit sexual relations or rape (death by stoning or one hundred lashes), making unproven accusations of illicit sex (eighty lashes), drinking intoxicants like alcohol (eighty lashes), apostasy (death), and highway robbery (death). *''Qisas'', (literally "retaliation in kind"〔Mohamed S. El-Awa (1993), ''Punishment In Islamic Law'', American Trust Publications, ISBN 978-0892591428〕) and ''diyya'', ) ("blood money"), in Islamic jurisprudence, are the second category of crimes, where Sharia specifies equal retaliation (''qisas'') or monetary compensation (''diyya''〔Christie S. Warren, Islamic Criminal Law, Oxford University Press, (Qisas )〕), as a possible punishment. Included in this category is homicide, for example, which Islamic law treats as a civil dispute between believers. Qisas principle is available against the accused, to the victim or victim's heirs, when a Muslim is murdered, suffers bodily injury or suffers property damage.〔Tahir Wasti (2009), The Application of Islamic Criminal Law in Pakistan: Sharia in Practice, Brill Academic, ISBN 978-9004172258, pp. 12-13〕 In the case of murder, qisas means the right of a murder victim's nearest relative or wali () (legal guardian) to, if the court approves, take the life of the killer.〔Encyclopedia Britannica, (Qisas ) (2012)〕 *''Tazir'' (literally "to punish",〔 sometimes spelled as taazir, ti'zar, tazar, ta'azar) is the third category, and refers to offense mentioned in the Quran or the Hadiths, but where neither the Quran nor the Hadiths specify a punishment.〔 In Tazir cases, the punishment is at the discretion of the state, the ruler, or a ''qadi'' (''kadi''),〔〔("Qadi" ) ''Encyclopædia Britannica''〕 or court acting on behalf of the ruler.〔 Tazir punishment is for actions which are considered sinful in Islam, undermine the Muslim community, or a threaten public order during Islamic rule, but those that are not punishable as hadd or qisas crimes. The legal restrictions on the exercise of that power are not specified in the Quran or the Hadiths, and vary.〔 Crimes punished by tazir do not require proof that hadd or qisas crimes require, such as four male Muslim witnesses. The judge enjoys considerable leeway in deciding an appropriate form of punishment, and the punishment does not have to be consistent across the accused persons or over time.〔〔 The ruler or qadi also has the discretion to forgive tazir offenses.〔 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Tazir」の詳細全文を読む スポンサード リンク
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