الخلاصة:
Abstract of the Memorandum:
This research deals with the extent of the discretionaryjudge'sdiscretion in
evaluatingdiscretionary sentences. Therefore, in the first section, hebegan to
divideitinto four demands by clarifying the meaning of the wordsfrom the
definition of authority, the definition of the judge, the legitimacy of the
judiciary, the wisdom of the judiciary and how to achieveit, Ta'izir, and
itslegitimacy, and a statement of the mostfamous types, including:
Taazirpreaching, and Tazirreprimand and stoning, and the confiscation of
money, and thenTaazirdenial, and murder, and thensome of the sanctions
Altzirip, and its impact in the prevention of crime, in terms of denial of the
offender,
The second question wasdividedinto four demands: the first
requirementwas the obligation and the terms and conditions of the punishment.
The second requirementwas to describeexamples of the tortiouspunishment,
such as riba, perjury, treason, bribery and bribery. The
thirdrequirementdealtwith the power of the judge to assess the punishment. The
fourthrequirementdefined the crimes of the Ta'ziri penalty, its impact on the
discretionarypunishment, and itseffect on the authority of the judge.
Then the third and final topic in the note thatspeaks about the flexibility of
Islamiclaw in the punishmentTazirip and the extent of the judge'sauthority to
challenge, and the subjectwasdividedintotwodemands:
The first requirementdealtwith the flexibility of Islamiclaw in the
ta'ziripunishment, and thendealtwith the second requirement of the extent of the
judge'sauthority in determining the punishment of ta'ziriyyah in accordance with
the provisions of Islamiclaw.
He concludedwith a range of conclusions and recommendations.
