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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The ruling on a master executing the hudud (fixed Qur'anic punishments) on his slave woman

Machine translationRead the Arabic original
Question:
What is their guidance regarding the matter of Hafsah, the Mother of the Believers (may Allah be pleased with her), ordering the killing of a slave woman? Is it a specific order for the Mothers of the Believers, or is it a general order for everyone who has slaves when they commit what warrants the hudud, or is it a specific order for the Mothers of the Believers because they have legislative and executive authority, in the presence of the one in authority, who is the Caliph?

Answer:
There is no doubt that executing the hudud is the exclusive jurisdiction of the one in authority, but a master has the authority over his slave. The Prophet (peace and blessings be upon him) said
If a slave woman of one of you commits a crime, let him flog her with the hudud and not blame her.إذا جنت أمة أحدكم فليجلدها الحد ولا يثرب عليها
, so the Messenger (peace and blessings be upon him) delegated the execution of the hudud on slaves to their masters. Hafsah (may Allah be pleased with her) was the mistress of this slave woman, so she executed the hudud on her. This is among the authorities of masters who have slaves: that they execute the hudud on their slaves. As for executing the hudud on non-slaves, that is for the Sultan. Yes.
Source إقامة الحد من السيد على مملوكه — alfawzan.live

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

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