A qadi and others taking a monetary fine

Question

Question: Is ta‘zir (discretionary punishment) by taking property permissible, and which ta‘zir is meant in the words “ويعزر كل مرتكب منكر” (“everyone who commits something reprehensible is to be given ta‘zir”) — monetary or bodily? Does the qadi (judge) of an area have the right to take some property by way of ta‘zir? It is customary among us that if someone commits an improper act, a religious scholar, spiritual guide or sayyid imposes ta‘zir on him — for example, fixing “bread for a hundred” or “bread” (?)

Answer

Regarding ta‘zir, al-Durr al-Mukhtar says: [ar]لا بأخذ مال في المذهب. بحر[/ar] “…but not by taking property, according to the madhhab (al-Bahr),” that is, ta‘zir is by beating, imprisonment, pulling the ear and the like; ta‘zir by taking property is not permissible.

Source: Fatawa Mahmudiyya

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