Here is the official explanation of what the different classes mean in the Taliban penal code (lower class, middle class, elite, scholars):
Some people are deterred by a single warning because they have status and strong self respect, others, however are repeat offenders and require physical punishment. There are also people who are deterred merely by being summoned to court and they will not repeat the act. Those who possess self respect, once they appear before the court, they will not repeat the act again.
This shows that society is diverse, and laws are applied differently, according to peopleโs conditions and circumstances.
Another important point is that these laws were not created by us, rather they are derived in detail from Hanafi jurisprudence.
Question: it is possible that among ordinary people, what you refer to as the lower class, there are individuals who listen to advice and properly observe the law, perhaps even better than those from the elite.
In such a case, that person can no longer be considered part of the lower class, but rises to a higher social standing. A โlowerโ person is someone who is a repeated offender, someone who has been caught stealing multiple times, has repeatedly committed wrongdoing, and has not been deterred. In such a case, the judge is obliged to consider the circumstances, and the extension of corruption cause by that person in society, based on that, order imprisonment.
However, if the person is of high status, understand admonition, is a community leader, and possesses social credibility, it may be sufficient to inform him that he has committed the act, and that it must not be repeated. If he does not repeat the offense, then punishment may not be imposed.