The Condition of Knowledge of Prohibition in the Obligation of the Fixed Punishment
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success. Regarding the condition of knowledge of prohibition in the obligation of the fixed punishment, is the intent knowledge of the prohibition of the sin only, or must one also know the manner of the fixed punishment for this sin and its amount?
Answer:
Both are required: knowledge of the prohibition of this sin. If one does not know the prohibition of the sin, then a fortiori he does not know the fixed punishment, because he does not know the ruling. For example, a person who is a Muslim, or a recent convert, who did not know that unlawful sexual intercourse is forbidden and that drinking intoxicants is forbidden. In this case, one does not hasten to punish him; rather, it is explained to him, and he is dealt with with gentleness and softness so that he does not turn away from Islam.
He says: Honorable Shaykh, may Allah grant you success. Regarding the condition of knowledge of prohibition in the obligation of the fixed punishment, is the intent knowledge of the prohibition of the sin only, or must one also know the manner of the fixed punishment for this sin and its amount?
Answer:
Both are required: knowledge of the prohibition of this sin. If one does not know the prohibition of the sin, then a fortiori he does not know the fixed punishment, because he does not know the ruling. For example, a person who is a Muslim, or a recent convert, who did not know that unlawful sexual intercourse is forbidden and that drinking intoxicants is forbidden. In this case, one does not hasten to punish him; rather, it is explained to him, and he is dealt with with gentleness and softness so that he does not turn away from Islam.
Source
المقصود باشتراط العلم بالتحريم في وجوب الحد — alfawzan.live
The Arabic text is a machine transcription of the audio recording.