what kind of punishment is this

:salamext:


Question

Is there a punishment in the Shari`ah for physical abuse? I want to know the punishment for physical abuse in general and in the delicate cases where a husband abuses his wife or a parent abuses his child. We know that Allah will punish those who inflict harm upon others but I wanted to know if there are any worldly punishments agreed upon by the scholars.




Answer

In the Name of Allah, Most Gracious, Most Merciful.

All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

Punishments for offences other than the prescribed ones in the sources (i.e. the Qur'an and the Sunnah) are called Ta'zeer (i.e. punishments to be decided through ijtihad); it can also be referred to as discretionary in the sense that judges can decide the exact nature and measure of the punishment for such offences based on considerations of justice and Maslahah (public interest). This decision could vary according to circumstances.

Ta'zeer punishments just like the prescribed punishments must never exceed the degree of the abuse inflicted in the first place.


You can also read:

The Concept of Punishment in Islam

Allah Is Merciful: Why Punishment?


Allah Almighty knows best.

source: http://www.islamonline.net/livefatwa/english/Browse.asp?hGuestID=Du2219​


:wasalamex
 

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