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Difference in Discretionary Punishments and the Ruling on Fines in Cases of Murder

Question


In Islamic law, prescribed punishments (Hudud) are fixed and cannot be altered, whereas in discretionary punishments (Ta’zir), the ruler has the authority to make decisions. Based on this authority, can different punishments be given for the same crime?
In cases of murder, the prescribed Islamic rulings are Qisas (retribution), pardon, or blood money (Diyyah). However, our courts impose fines along with the death penalty or delay the implementation of the sentence. Is this correct?


Answer by: Fadhilat al-‘Alim Hafiz Qamar Hasan (ḥafiẓahullāh)


As far as my knowledge goes, the imposition of a financial fine along with a major punishment is done due to certain supplementary reasons. For further clarification, it would be better to consult a legal expert.
 
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