سزا (عقوبت)

العُقُوبَة

In the lexicon, uquba is a penalty, a noun from 'iqab; as a term it is the penalty fixed for a wrong, or what falls on a person as a deserved consequence of an offence ¹. Penalties are classed by kind, as retaliation, fixed punishment (hadd) and discretionary punishment (ta'zir); by whether the right belongs to God, to people, or to both; and by whether they are complete, incomplete or carry an element of worship ². Other penalties include the ghurra for a foetus and the arsh for an injury, and the killer's loss of inheritance and bequest, on the prophetic instruction that the killer has no share in the inheritance ^{2 3}. The fixed punishments are determined by the law: illicit intercourse, false accusation, drinking, theft and brigandage, and by disagreement, apostasy and rebellion ³. Discretionary punishment is not fixed by the law and serves to deter and reform; flogging, imprisonment and reproof are allowed, while maiming, slapping the face, burning and shaving the beard are not ^{3 4}. Some jurists allow penalties of different kinds to be combined for one offence, and penalties of the same kind and cause overlap ^{4 5}.