´It was narrated from Abu Hurairah that the Messenger of Allah (ﷺ) said:` “Do not punish with more than ten whips.”
Explanation & Benefits
Maulana Ataullah Sajid
Benefits and Issues:
➊
The mentioned narration has been declared weak by our esteemed researcher, who has stated that the previous narration suffices in its place, meaning that this narration is correct in meaning. Furthermore, Shaykh al-Albani has declared the mentioned narration to be hasan due to the preceding narration.
➋
There are two types of punishments:
(a)
Hadd is that punishment whose limit has been prescribed by the Shari‘ah, for example:
The punishment for murder is qisas (retaliation), or the punishment for slander (qadhf) is eighty lashes.
It is not permissible to increase or decrease this.
(b)
Ta‘zir is that punishment whose amount has not been fixed; rather, the judge or ruler can give a suitable amount of punishment according to the situation or the severity of the crime, whether in the form of lashes, imprisonment, or a fine.
➌
If ta‘zir is in the form of lashes, then this is the prescribed limit for it; however, in the case of a severe crime, other ta‘zir punishments such as imprisonment or fines, etc., can be added.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2602