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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The Difference Between Establishing the Hudud and Qisas Regarding the Permissibility of Pardon

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The questioner : May Allah bless you, Shaykh. We mentioned that the issue of public interest is such that the one who kills is killed without exception, because this is for the protection of public security. Yes. And we mentioned the opposite side, the issue that if a hadd is established against a ruler, and the public interest determines that the hadd not be carried out against him, then he is not killed.

The Shaykh : It appears that you are mistaken. It appears that you are confusing the two. The hudud are carried out against everyone, but perhaps you are referring to qisas.

The questioner : Okay.

The Shaykh : Yes, perhaps you are referring to qisas. Qisas is a right belonging to a human being, not a right belonging to Allah that is forbidden. Therefore, if the human being wishes to pardon it, he has the right to do so.

The questioner : Now, what about this great public interest that is achieved in this man, which leads to the failure of the enemy and the victory of the Muslims?

The Shaykh : That is, no hadd is carried out against him, but if he repents, may Allah guide him, and disavows the Ministry of Defense and other ministries.
Source قناة «فضيلة الشيخ محمد بن صالح العثيمين»، 276- الفرق بين إقامة الحدّ والقصاص في جواز العفو - ابن عثيمين — youtube.com

The Arabic text is a machine transcription of the audio recording.

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