التعزيرات البدنية في التشريع الإسلامي: دراسة مقارنة

Abstract. It is a clear fact that Islam is a complete religion that outlines specific punishments (Hudood) for certain crimes, but it leaves some offenses without specifying the punishment to judges.It is known that we live in the present era in a humane society threatened by the European trend, so that young people lose morals and modesty and fall into various obscene crimes. So, this research aims to explain Islam's broad perspective on the consequences of crimes where punishments are left to judges. The goal is to draw attention to these punishments, discourage immoral behaviour, and highlight the importance of studying discretionary punishments (Fiqhuth Ta'zirath). I've conducted research on "Physical Punishment" using descriptive and analytical methods to gather information, the inductive method to extract evidence and scholars' opinions, and the comparative method to compare views on physical Ta'zir. Key findings include that Ta'zir is a punishment not specified by Sharia for certain crimes, and it can vary, involving measures like execution or death penalty, flogging, imprisonment, or banishment, depending on what the judge deems appropriate.For instance, a perpetrator is executed if the crime becomes severe and repeated; flogging serves as reprimand and deterrence, with no set limits. Imprisonment, not bound by a specific duration, aligns with Sharia's general goals. Banishment, understood as deportation or alienation, applies to both imprisonment and exile. Notably, women are not exiled in our time due to increased temptations; instead, they must be imprisoned within their country.