عنوان مقاله [English]
There are two types of punishment in the Islamic penal system, one called Hadd and the other Ta'zir. Given the differences in the rules and effects of the Hadd punishment with the Ta'zir one, it seems necessary to provide a criterion for identifying and determining each of them. A search in the authentic jurisprudential sources of the Islamic schools yields six theories on the subject.The majority of the Jurists (except for Hanafis) have mentioned the Qur'an and Hadiths as their criteria for this division, that is, the crimes for which punishment is prescribed in the Qur'an and Sunnah, are put under the title of Hadd and crimes for which the punishment has not been determined therein are introduced as T’azir. Hanafis consider the criterion of this division to be the Qur'an and call the crimes mentioned in the Hadiths with any descriptive attributes as T’azir. Since the sources of Hadiths are not the same among the jurists of the Islamic schools, the crimes of Hadd and Ta'zir are not the same in their ideas and there are many differences. Using library resources and descriptive- analytic methods, this paper seeks to answer the question of what is the criterion for distinguishing Hadd punishments from Ta’zirs. This article, while referring to the ideas of different Islamic schools and comparing them, based on a statement of Imam Ali (as) and other Hadiths, introduces the Qur'an and Sunnah as the criteria for distinguishing Hadd from Ta'zir punishments.