Feasibility of Accepting "Verbal Ta'zir " as a Form of Ta'zir in Imami Jurisprudence and Law of Iran

فقه و اصول (Fiqh va uṣūl)

Articles in Press, Accepted Manuscript, Available Online from 10 June 2025   

Document Type: Original Article

DOI: 10.22067/jfiqh.2025.91495.1893

Authors

Mojtaba Javidi^{* 1}; Faramarz Fakhr maani²

¹Associate Professor, Department of Quranic Sciences and Jurisprudence, Shiraz University, Shiraz, Iran

²PhD student, Department of Jurisprudence and Fundamentals of Islamic Law, Shiraz University, Shiraz, Iran

Abstract

Ta'zir punishments exhibit a broad spectrum, varying based on the individual's circumstances and the specific context. This diversity is rooted in the principle of individualized punishments and the consideration of expediency. The present research aims to explore the possibility of introducing a new type of ta'zir, namely " Verbal Ta'zir " within the framework of Imami jurisprudence and law of Iran.

"Imami jurists have adopted two main approaches regarding this matter: some do not consider verbal reactions as ta'zir, while others consider verbal reactions as one of the instances of ta'zir. Employing a descriptive-analytical approach and utilizing the method of ijtihad, the findings suggest that verbal ta'zir can be accepted as a form of ta'zir and can be categorized into various levels, such as informing, advising, admonishing, reproaching, or intimidating, depending on the offender's characteristics. Iranian legislation sporadically mentions instances of verbal ta'zir, such as preaching, written or verbal warnings, reprimands, and admonitions. Based on Quranic verses and hadiths, verbal ta'zir should not be limited to these instances; rather, it should be more comprehensively and systematically integrated into ta'zir laws.

Keywords

Verbal Ta'; zir; Declaration; Admonishment; Threat; Sermon

References