As for us, we rely on the hadith of Abu Burda, and al-Shalanji narrated with his isnad from the Prophet (may the peace and blessings of Allah be upon him) that he said: "Whoever reaches a hadd (punishment) in a matter that is not a hadd is among the transgressors." (15) This is because the punishment should be commensurate with the crime and the sin, and the sins for which hadd punishments have been explicitly ordained are greater than others; therefore, it is not permissible for the punishment in the lesser of the two matters to reach or exceed that of the greater one. What they have argued would lead to the conclusion that someone who kisses a woman unlawfully would be struck more than the hadd for adultery, and this is not permissible; for if adultery, with its gravity and obscenity, cannot be exceeded in its hadd, then that which is less than it is more deserving of this restriction. As for the hadith of Ma'n, it is possible that he had many sins for which he was disciplined for all of them, or that the act of taking was repeated by him, or that his offense involved multiple crimes: one of which was his forgery, the second was his taking money from the public treasury without right, and the third was his opening the door to such a ruse for others, along with other factors. As for the hadith of al-Najashi, Ali struck him the hadd for his drinking, then disciplined him with twenty lashes for breaking the fast, so he did not reach the level of a hadd with his tazir. Ahmad adopted this view and held (16) that whoever drinks wine in Ramadan is to be given the hadd, then disciplined for his offense from two aspects. What points to the correctness of what we have mentioned is what was narrated that Umar (may Allah be pleased with him) wrote to Abu Musa that he should not reach (17) more than twenty lashes in corporal punishment (18).

Section: Tazir is carried out through lashing, imprisonment, and public rebuke. It is not permissible to cut any part of his body, nor to wound him, nor to seize his wealth; because the Sharia has not provided for any of that from anyone whose example is to be followed, and because the duty is disciplinary, and discipline is not achieved (19) through destruction.

Section: Tazir in matters where tazir has been prescribed is obligatory, if the Imam deems it necessary. Malik and Abu Hanifa held this view. Al-Shafi'i said: 'It is not obligatory,' because a man came to the Prophet (may the peace and blessings of Allah be upon him) and said: 'I met