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سنن دارمي
Darimi
من كتاب الاحدودFrom the Book of Hudud (Legal Punishments)
باب التَّعْزِيرِ في الذُّنُوبِ:Chapter: Discretionary Punishments for Sins
Hadith 2351
اُردوEn
أَخْبَرَنَا عَبْدُ اللَّهِ بْنُ يَزِيدَ، حَدَّثَنَا سَعِيدٌ هُوَ ابْنُ أَبِي أَيُّوبَ، حَدَّثَنِي يَزِيدُ بْنُ أَبِي حَبِيبٍ، عَنْ بُكَيْرِ بْنِ عَبْدِ اللَّهِ بْنِ الْأَشَجِّ، عَنْ سُلَيْمَانَ بْنِ يَسَارٍ، عَنْ عَبْدِ الرَّحْمَنِ هُوَ ابْنُ جَابِرٍ، عَنْ أَبِي بُرْدَةَ بْنِ نِيَارٍ، قَالَ: سَمِعْتُ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ، يَقُولُ: "لَا يَحِلُّ لِأَحَدٍ أَنْ يَضْرِبَ أَحَدًا فَوْقَ عَشْرَةِ أَصْوَاتٍ إِلَّا فِي حَدٍّ مِنْ حُدُودِ اللَّهِ".
Sayyiduna Abu Burdah Hani bin Niyar (may Allah be pleased with him) said: I heard the Messenger of Allah (peace and blessings be upon him) saying: "No one should be given more than ten lashes as punishment except in one of the limits set by Allah."
Brief Explanation
(Commentary on Hadith 2350)
Ta'zir refers to that punishment which is less than a hadd (prescribed punishment), and it is given according to the situation, either verbally or through action. It is derived from 'uzr, which means to prevent or to restrain. It is called "ta'zir" because it restrains from an evil act.
From this hadith, it is understood that for those crimes and sins for which no hadd has been prescribed in the Shari'ah, the ruler of the time, at his own discretion, may punish the offender in light of this hadith, but the punishment should not exceed ten lashes. Imam Ahmad rahimahullah and other scholars, in view of this hadith, have said the same. However, the Hanafi and Shafi'i scholars are opposed to this and have said that more than ten lashes may also be given, which is contrary to the aforementioned explicit and clear hadith.
May Allah grant everyone the ability to obey and follow the hadith of the Messenger, the Prophet of Islam, Muhammad sallallahu alayhi wa sallam, and protect from opposition. Ameen.
Ta'zir refers to that punishment which is less than a hadd (prescribed punishment), and it is given according to the situation, either verbally or through action. It is derived from 'uzr, which means to prevent or to restrain. It is called "ta'zir" because it restrains from an evil act.
From this hadith, it is understood that for those crimes and sins for which no hadd has been prescribed in the Shari'ah, the ruler of the time, at his own discretion, may punish the offender in light of this hadith, but the punishment should not exceed ten lashes. Imam Ahmad rahimahullah and other scholars, in view of this hadith, have said the same. However, the Hanafi and Shafi'i scholars are opposed to this and have said that more than ten lashes may also be given, which is contrary to the aforementioned explicit and clear hadith.
May Allah grant everyone the ability to obey and follow the hadith of the Messenger, the Prophet of Islam, Muhammad sallallahu alayhi wa sallam, and protect from opposition. Ameen.
