Division of crimes into hadd and ta'zeer with emphasis on the rule "Ta'zeer will follow the judge."

In Islamic penal texts, the division of crimes into hadd and ta'zeer is a definite rule. In addition to being the basis of some parts of the rulings, this division is also used for criminal rules. Therefore, the division of hadd and ta'zeer and whether it has a legal basis or is only taken from narrative evidence, has been less studied. The main question is, what is the position of the two categories of hadd and ta'zeer among the rules of jurisprudence? This article concludes with a descriptive analytical method and by analyzing the rational and narrative foundations that this division can hardly be based on a rational foundation. So, this division and identification of other punishments should be based on legal evidence. Without such reasons, neither the principle of division is correct nor the recognition of special rulings for hadd and ta'zeer can be proven. In this article, this division is discussed and analyzed based on narrative evidence.

Keywords:

Classification of crimes , hadd , ta'zeer , punishment , jurisprudence rules