Fine as Al – Tazir Penalty
Dr. Bander Fahd Al-Suwailam
Fine, per se, is a form of penalty. It is, in general, imposed by the chief executive. The underlying intent is to ensure public interests. Also, it is oriented to achieve other objectives –––– protection of human rights; perpetuation of public law and order; and the viable defense of social order against possible exploitation. Viewed as such, fine represents a corrective measure to ensure the rights of public against possible encroachments. Also, it seeks to consolidate security and stability in manifold spheres.
Modern age is unique, however, in one sense. This age is characterized with new kinds of crimes. The latter permeate in multiple areas –––– commercial; imports and exports; traffic; vocational; health; immigration; and marketing. To control the rising tide of such crimes, fine as penalty is imposed. It exercises unpleasant and profound impact. For, human-beings are motivated with love and greed of wealth. Human-beings exert multiple kinds of endeavors to collect and save money. Fine represents an unwelcome and unpleasant move.
The present research is a modest endeavor to shed light on the Islamic juristic approach towards fine as penalty. In its introductory discourse, the research expounds some segments of the subject –––– definition of fine; typology of fine; distinction between fine and interest; and distinction between fine and Al-Diyyah.
The present research, in its conclusive passages, offers some insightful findings. The most salient are in order:
• Fine, in Islamic Sharia, is either Al-Tazir penalty or disciplinary action. Its impact is painful and deterrent. In the modern age, this penalty has produced more positive results.
• Fine, as Al-Tazir penalty, is permissible in Islamic Sharia. It is compatible to the objectives enshrined by Muslim jurists.
• Fine, as Al-Tazir penalty, is different from monetary compensation.
• Fine, as Al-Tazir penalty, differs with Al-Diyyah.
• Fine, as Al-Tazir penalty, is in no way identical to the interests taken on loans. Interest, in toto, finds no sanction in Islamic Sharia.