Who has the right to carry out the hudud (fixed Qur'anic punishments)?
Machine translationRead the Arabic original
The questioner : You see the khamr (intoxicants) is not... Yes. Present. The first request and the lowering...
The Shaykh : There is no doubt that the apparent view is that it was Ibn Mas'ud who... We welcome you. I have no right to it, because... elevation. Yes. It is not authentic that it is a punishment that no one... Yes, yes. By Allah. It is possible that the hadd (fixed punishment) means what 'Umar defined, i.e., the amount that 'Umar determined; it is not explicit.
The questioner : He says so-and-so until he elevated it to all... Yes.
The Shaykh : This was mentioned by al-Qasaban, meaning he elevated it to the one who has the authority to carry it out, but this is the apparent view in the khilaf (scholarly disagreement). So he said: This is understood to mean that Ibn Mas'ud had authority.
The questioner : Authority to carry out the hudud (fixed Qur'anic punishments) on his behalf. Faith.
The Shaykh : The apparent view is that he is the one who struck him, but he was either the amir (governor) of Homs at that time, or he was entrusted with carrying out the hadd (fixed punishment). The important thing is that we take the view that if the hadd (fixed punishment) is established, it is permissible for any elder in the community in that place to carry it out.
The Shaykh : There is no doubt that the apparent view is that it was Ibn Mas'ud who... We welcome you. I have no right to it, because... elevation. Yes. It is not authentic that it is a punishment that no one... Yes, yes. By Allah. It is possible that the hadd (fixed punishment) means what 'Umar defined, i.e., the amount that 'Umar determined; it is not explicit.
The questioner : He says so-and-so until he elevated it to all... Yes.
The Shaykh : This was mentioned by al-Qasaban, meaning he elevated it to the one who has the authority to carry it out, but this is the apparent view in the khilaf (scholarly disagreement). So he said: This is understood to mean that Ibn Mas'ud had authority.
The questioner : Authority to carry out the hudud (fixed Qur'anic punishments) on his behalf. Faith.
The Shaykh : The apparent view is that he is the one who struck him, but he was either the amir (governor) of Homs at that time, or he was entrusted with carrying out the hadd (fixed punishment). The important thing is that we take the view that if the hadd (fixed punishment) is established, it is permissible for any elder in the community in that place to carry it out.
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، 1794 - 4600 هل حد الخمر عقوبة أم حد ولماذا أقام ابن مسعود حد الخمر على من شربه هل كان...؟ ابن عثيمين — youtube.com
The Arabic text is a machine transcription of the audio recording.
