Rulings of Discretionary Punishments

The Prophet (may Allah's peace and blessings be upon him) forbade flogging anyone more than ten lashes except in case of committing sins. This does not refer to punishments where a specific number of lashes, strikes, or a penalty have been prescribed by the Legislator. The meaning here is that disciplinary beating, such as flogging a wife or child, should not exceed ten lashes.

1. The limits set by Allah Almighty, which He has commanded or prohibited, have deterrent punishments, which are either decreed by the Legislator or left to the discretion of the ruler based on what he deems beneficial.
2. Disciplinary action should be light, just enough to guide and intimidate, and should not exceed ten lashes if needed. It is preferable; however, to discipline them without beating, relying instead on direction, teaching, guidance, and encouragement, as this approach is more likely to be accepted and fosters gentleness in teaching. Circumstances vary greatly in this regard, so one should choose what is most suitable.

صحيح البخاري (8/ 174) (6850). صحيح مسلم (3/ 1332) (1708). تيسير العلام شرح عمدة الأحكام، للبسام (ص677). توضيح الأحكام مِن بلوغ المرام، لعبد الله البسام (5/ 465).

The Prophet (may Allah's peace and blessings be upon him) clarified the severe consequences for the man who approaches a man or a woman anally, as Allah will not look with mercy upon him, and he pointed out that it is one of the major sins.

1. Having sexual intercourse with another man - which is sodomy - is of the major sins.
2. Having anal intercourse with a woman is a major sin.
3. (Allah does not look), i.e., with mercy and compassion, the general look is not meant here because nothing is hidden from Allah Almighty and nothing escapes His sight.
4. These acts are among the gravest and most dangerous immoralities for humanity because they contradict the natural sound human disposition, reduce procreation, ruin marital life, sow hatred and enmity, and involve engaging in repulsive and filthy acts.

سنن الترمذي (2/ 457) (1165). السنن الكبرى للنسائي (8/ 197) (8952). توضِيحُ الأحكَامِ مِن بُلوُغ المَرَام، للبسام (5/ 347). فتح ذي الجلال والإكرام بشرح بلوغ المرام، لابن عثيمين (4/ 536). تحفة الأحوذي بشرح جامع الترمذي، للمباركفوري (4/ 276).