Imposing the hudud (fixed Qur'anic punishments) based on surveillance camera footage
Machine translationRead the Arabic original
The questioner:
He says: Honorable Shaykh, may Allah grant you success, it is not hidden from your honor the spread of surveillance cameras in stores, hotels, and elsewhere. So, is the hadd (fixed punishment) for theft or the hadd for zina (unlawful sexual intercourse) or qisas (retaliation in kind) carried out after being filmed by these cameras while he is caught in the act of the crime?
The Shaykh:
No, his hand is not cut off except with two witnesses or his confession. The cameras are considered circumstantial evidence; they are considered circumstantial evidence that may necessitate ta'zir (discretionary punishment) and discipline. Yes.
The questioner:
He says:
The Shaykh:
And a body part is not made lawful to be touched merely by camera footage. Perhaps he entered to take something, but he is not the thief; he entered to buy, and he was filmed, and then the thief came after him. This does not hold. Yes.
He says: Honorable Shaykh, may Allah grant you success, it is not hidden from your honor the spread of surveillance cameras in stores, hotels, and elsewhere. So, is the hadd (fixed punishment) for theft or the hadd for zina (unlawful sexual intercourse) or qisas (retaliation in kind) carried out after being filmed by these cameras while he is caught in the act of the crime?
The Shaykh:
No, his hand is not cut off except with two witnesses or his confession. The cameras are considered circumstantial evidence; they are considered circumstantial evidence that may necessitate ta'zir (discretionary punishment) and discipline. Yes.
The questioner:
He says:
The Shaykh:
And a body part is not made lawful to be touched merely by camera footage. Perhaps he entered to take something, but he is not the thief; he entered to buy, and he was filmed, and then the thief came after him. This does not hold. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 120 من 123 / شرح كتاب زاد المستقنع / الشهادات / صالح الفوزان / الفقه / كبار العلماء — youtube.com (1:10:37)
The Arabic text is a machine transcription of the audio recording.
