The Meaning of Exile in the Punishment for Zina and Whether Imprisonment Is Sufficient
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The questioner:
The Shaykh (may Allah have mercy on him). Is imprisonment equivalent?
The Shaykh:
The Hanafis consider it a substitute, and regarding banishment from the land, they say that what is meant by it is imprisonment. However, the correct view is that it is not sufficient. Exile means that he is expelled from his country to another country where he is a stranger among the people, so that he grows up in an environment better than the one in which his transgression occurred. Therefore, imprisonment is not sufficient, nor does it achieve the intended meaning. Ah.
The questioner:
O Shaykh. Yes.
The Shaykh:
He does not go to a country that has corruption. Do you go to Paris? That is not suitable. He goes to a country from among the righteous Muslim lands.
The questioner:
Therefore, Shaykh (may Allah preserve you), if he is imprisoned in another country, is that considered exile?
The Shaykh:
No, he is not imprisoned. He goes to another country and surveillance is placed on him, and he does not need to be imprisoned. Let him seek his livelihood, walk with the people, buy and sell. Also, surveillance is placed on him without his knowledge. Welcome, welcome. He is exiled with his mahram. A woman is exiled, but with her mahram. Yes.
The Shaykh (may Allah have mercy on him). Is imprisonment equivalent?
The Shaykh:
The Hanafis consider it a substitute, and regarding banishment from the land, they say that what is meant by it is imprisonment. However, the correct view is that it is not sufficient. Exile means that he is expelled from his country to another country where he is a stranger among the people, so that he grows up in an environment better than the one in which his transgression occurred. Therefore, imprisonment is not sufficient, nor does it achieve the intended meaning. Ah.
The questioner:
O Shaykh. Yes.
The Shaykh:
He does not go to a country that has corruption. Do you go to Paris? That is not suitable. He goes to a country from among the righteous Muslim lands.
The questioner:
Therefore, Shaykh (may Allah preserve you), if he is imprisoned in another country, is that considered exile?
The Shaykh:
No, he is not imprisoned. He goes to another country and surveillance is placed on him, and he does not need to be imprisoned. Let him seek his livelihood, walk with the people, buy and sell. Also, surveillance is placed on him without his knowledge. Welcome, welcome. He is exiled with his mahram. A woman is exiled, but with her mahram. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 82 من 89|شرح العدة في شرح العمدة|كتاب الحدود|فصل فيمن أتى حدا خارج الحرم ثم لجأ إليه|صالح الفوزان — youtube.com (1:06:50)
The Arabic text is a machine transcription of the audio recording.