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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The Difference Between a Fatwa and the Execution of a Hadd Punishment on an Apostate

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Question:
The case of Shaykh Hara al-Manar; I have often supported the honorable scholars and others in stating that this prayer is a temporary act that requires three units, one unit, one unit, one unit. And when it was well done to execute the case, it was well done with trust, may Allah guide them, so we invoke that.

Answer:
The scholars clarify the ruling, but as for applying the hudud (fixed Qur'anic punishments), this is referred to the courts. This is not the role of the mufti (a scholar who issues fatwas); this is for the judges. So this is referred to the courts. If a lawsuit is filed against a person that he denied the prayer or that he never prays, and this is established by witnesses, then the judge rules against him. And the ruling is not executed except by a shari'ah (Islamic sacred law) ruling from the judge. So it is not by fatwa (a scholarly legal ruling) alone; a shari'ah ruling is required against so-and-so that his riddah (apostasy) has been established, and he is treated as an apostate. As for the fatwa, this is a general ruling and does not refer to a specific person; rather, it is a general ruling.
Source قناة «العلامة الدكتور صالح الفوزان»، 86 من 89|شرح العدة في شرح العمدة|كتاب الحدود|باب قتال أهل البغي|صالح الفوزان|الفقه|كبار العلماء — youtube.com (35:11)

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

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