(10) The severest blows or stripes may be used in chastisement, because, as regard is had to lenity with respect to the number of the stripes, lenity is not to be regarded with respect to the nature of them, for otherwise the design would be defeated; and hence, lenity is not shown in chastisement by inflicting the blows or stripes upon different parts or members of the body. And next to chastisement, the severest blows or stripes are to be inflicted in punishment for whoredom, as that is instituted in the Qurʾān. Whoredom, moreover, is a deadly sin, insomuch that lapidation for it has been ordained by the law. And next to punishment for whoredom, the severest blows or stripes are to be inflicted in punishment for wine-drinking, as the occasion of punishment is there fully certified. And next to punishment for wine-drinking, the severity of the blows or stripes is to be attended to in punishment for slander, because there is a doubt in respect to the occasion of the punishment (namely, the accusation), as an accusation may be either false or true; and also, because severity is here observed, in disqualifying the slanderer from appearing as an evidence: wherefore severity is not also to be observed in the nature of the blows or stripes.
(11) If the magistrate inflict either punishment or chastisement upon a person, and the sufferer should die in consequence of such punishment or chastisement, his blood is Nadar, that is to say, nothing whatever is due upon it, because the magistrate is authorized therein, and what he does is done by decree of the law; and an act which is decreed is not restricted to the condition of safety. This is analogous to a case of phlebotomy; that is to say, if any person desire to be let blood, and should die, the operator is in no respect responsible for his death; and so here also. It is contrary, however, to the case of a husband inflicting chastisement upon his wife, for his act is restricted to safety, as it is only allowed to a husband to chastise his wife; and an act which is only allowed is restricted to the condition of safety, like walking upon the highway. Ash-Shāfiʿī maintains that, in this case, the fine of blood is due from the public treasury; because, although where chastisement or punishment prove destructive, it is homicide by misadventure (as the intention is not the destruction, but the amendment of the sufferer), yet a fine is due from the public treasury, since the advantage of the act of the magistrate extends to the public at large, wherefore the atonement is due from their property, namely, from the public treasury. The Ḥanafī doctors, on the other hand, say that whenever the magistrate inflicts a punishment ordained of God upon any person, and that person dies, it is the same as if he had died by the visitation of God, without any visible cause; wherefore there is no responsibility for it. (See the Hidāyah; the Durru ʾl-Muk͟htār; the Fatāwā-i-ʿĀlamgīrī, in loco.) [[PUNISHMENT].]
TAZKIYAH (تزكية). Lit. “Purifying.” (1) Giving the legal alms, or zakāt.
(2) The purgation of witnesses. (See Hamilton’s Hidāyah, vol. ii. p. 674.) An institution of inquiry into the character of witnesses.
TAZWĪJ (تزويج). Lit. “Joining.” A term used for a marriage contract. [[MARRIAGE].]
TEMPLE AT MAKKAH, The. [[MASJIDU ʾL-HARAM].]
TERAH. [[AZAR].]
THEFT. [[LARCENY].]
THEOLOGY. Arabic al-ʿIlmu ʾl-Ilāhī (العلم الالهى), “The Science of God.” In the Traditions, the term ʿIlm, “knowledge,” is specially applied to the knowledge of the Qurʾān.
Shaik͟h ʿAbdu ʾl-Ḥaqq, in his remarks on the term ʿIlm, says religious knowledge consists in an acquaintance with the Qurʾān and the Traditions of Muḥammad.