in fiances is purely a right o f God, and the delign, in the inflidlion of it,
is to deter people from the perpetration of fuch offences; and a probability
of this end being obtained is eftablifhed by a Angle infliction of
punifhment, wherefore the obtaining of it by another infliction of
punifhment is dubious * ; and hence punifhment cannot be inflicted a
fecond time, becaufe of this doubt r contrary to where a perfon commits
whoredom, and is alfo guilty of Jlander, and of wine-drinking,
for in this cafe a punifhment is to be inflicted feparately for every
diftinCt fpecies of offence, becaufe each of thefe aCta is of a nature
different from either of the other two, and the delign of each of them
is different, wherefore, in the punifhment of fuch aCts there cannot
be any coalefcence: and with refpeCt to Jlander, in the punifhment
of it the right of God is- held by our doctors to be predominant,,
whence the fame arguments apply to it as to whoredom and winedrinking.
Shafe'i maintains that, in the cafe of repetition of flander, if
the flandered perfon be different, (as if the firft perfon flandered were
Zeyd and the fecond Amar) or, if the perfon with whom the flandered
is accufed be different, (as- i f a man were to accufe Zeyd of
whoredom firft with one woman and afterwards with another,), in
this cafe there is no coalefcence- of punifhment, but for each flander a
feparate punifhment muft be inflicted ; for according to Shafe'i, in the
punifhment for flander, the right of the individual is predominant..
* Becaufe having been* probably,,already obtained,, it is* (in that cafe) impoffible that
it fliouid be obtained a fecond time-
C H A P . VI.
Of Tazeer, or ChaJUfement *.
T a z e e r , in its primitive fenfe, means prohibition, and alfb infraction
; in law it fignifies an infliCUon undetermined in its degree
by the law, on account of the right either of G od, or of the individual
; and the occafion of it is any offence for which Hidd (or Jlated
punijhment) has not been appointed; whether that offence coiifift in
word or deed.
Chastisement is ordained by the law, the inftitution of it being
eftablifhed on the authority of the Koran, where God enjoins men to
chaftife their wives, for the purpofe of correction and amendment;
and the fame alfo occurs in the traditions. It is moreover recorded
that the prophet chaftifed a perfon who had called another perjured;
and all the companions agree concerning this. Reafon and analogy
•moreover both evince that chaftifement ought to be inflicted for afts
of an offenfive nature-f, in fuch a manner that men may not become
habituated to the commillion of fuch aCts; for if they were, they
might by degrees be led into the perpetration of others more atrocious.
It is alfo written in the Fatdvee Ttmoor-T’ajhee of Imam Sirukhjh,
that in Tazeer, or chafifement, nothing is fixed or determined, but
* I t is difficult to feparate the ideas o f cbajlifement and punijhment.— T h e l a w 5 however,
confiders them as being effentially diftintSl, fince the degree o f Hidd (or punijhment') is
fpecified by the l a w itfelf, whereas, Tazeer (which for diftin&ion’s fake w e render chajife-
ment) is committed to the difcretion o f the magiftrate, and for this reafon it is elfewhere
tendered dferetionary correction*
■ f Meaning petty offences.
that
Definition of
the term.
Chaftifement
is ordained
b y the l aw ;