Are the hudud (fixed Qur'anic punishments) carried out on one who is coerced?
Machine translationRead the Arabic original
The questioner:
We say: Honorable Shaykh, may Allah grant you success, are the hudud carried out on the intoxicated person? The hadd for the one who intoxicates will come, if Allah wills. And are the hudud carried out on the coerced person? Coerced?
The Shaykh:
No, the coerced person is not subject to a hadd,[An-Nahl 16:106]. [Al-Baqarah 2:256] He owes nothing, even if he is the one who was coerced, because he is not in control of the act; he is forced to do this. Yes.
The questioner:
But what is the coercion? Do you mean coercion to commit zina (unlawful sexual intercourse) or liwat (sodomy)?
The Shaykh:
If the woman is forced to do it, she is not subject to a hadd. Or if the one subjected to liwat is also coerced, having no choice, then he is not subject to a hadd.
We say: Honorable Shaykh, may Allah grant you success, are the hudud carried out on the intoxicated person? The hadd for the one who intoxicates will come, if Allah wills. And are the hudud carried out on the coerced person? Coerced?
The Shaykh:
No, the coerced person is not subject to a hadd,
except for one who is forced [to renounce his religion] while his heart is secure in faith
إِلَّا مَنْ أُكْرِهَ وَقَلْبُهُ مُطْمَئِنٌّ بِالْإِيمَانِThere shall be no compulsion in [acceptance of] the religion
لَا إِكْرَاهَ فِي الدِّينِThe questioner:
But what is the coercion? Do you mean coercion to commit zina (unlawful sexual intercourse) or liwat (sodomy)?
The Shaykh:
If the woman is forced to do it, she is not subject to a hadd. Or if the one subjected to liwat is also coerced, having no choice, then he is not subject to a hadd.
Source
قناة «العلامة الدكتور صالح الفوزان»، [2298 -2802] هل تقام الحدود على المكره؟ - الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.