Questioner: Sayyid `Abdul-Karim Mousawi Ardebili (Chief Justice)
[In His Most Exalted Name
His Holiness Hadrat Ayatullah al-`Uzma Imam Khomeini, May your presence endure,
After greetings, may I beg you to provide answer to the following questions which are needed in the delegation charged with investigation into ta`zirat:
1. Is imprisonment, banishment, closedown of place of business, banning service in government departments, fine and generally speaking any punishment that seems to awaken one to stop committing offence permissible to be determined as ta`zirat or should mansous «1» punishment be contented?
2. To administer the affairs of the country, laws are passed in the Majlis such as smuggling, customs and traffic offences, municipality and generally speaking regal rules. «2» In order for people to act according to these laws punishments have been set for violators. Are these punishments by way of canonical ta`zirat and canonical rules of ta`zirat apply to them in terms of quality and quantity or are they other types and separate from ta`zirat and if they should be acted if they do not run counter to canon?
3. As regards ta`zirat, according to Your Excellency's opinion" Ma'dhoun Judges" «3» cannot determine ta`zirat. Do they have the amnesty right in case of ta`zirat as do the qualified judges or use of amnesty right calls for permission just as the judgment itself? May your blessed life endure.
`Abdul-Karim Mousawi Ardebili
16/11/1364 AHS]
In His Most Exalted Name
[Answer to question 1:] In canonical ta`zirat, caution necessitates to content oneself with mansous punishments unless with public aspect such as hoarding and overcharging that is incorporated into the second question with government regulations.
In His Most Exalted Name
[Answer to question 2:] In regal rules that fall outside the realm of canonical ta`zirat, the first rule applies and violators can be punished by preventive punishments at the order of ruler or his representative.
In His Most Exalted Name
[Answer to question 3:] They are not entitled to grant amnesty unless with permission of fully-qualified jurist.
Rouhullah al-Mousawi al-Khomeini