The Implementation of Hudud and the Spread of Kidnapping and Rape Crimes
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Question:
The two good things regarding the interpretation of moral crimes in society are more prevalent than in the past in general. Kidnapping and rape for the purpose of zina (unlawful sexual intercourse) or liwat (sodomy) have increased. There is no doubt that the exposure of women, alongside the surge of fitnah (trial, discord or temptation) in the media, plays a major role. However, the question is: why have we stopped hearing or seeing about the implementation of hudud (the fixed Qur'anic punishments) in such cases? Has the Shari'ah (Islamic sacred law) been suspended in some way regarding hudud in this society, or what is the case? Please inform us, may Allah reward you with good.
Answer:
As for fornication, the hudud must be implemented, and they are being implemented. One must hasten in this matter. Some court proceedings have been delayed for a period to ensure the required number of witnesses and the proper framework, and to ensure there is no obstacle to executing the hudud. Therefore, a delay may occur for this reason. Otherwise, the hudud for fornication are implemented, praise be to Allah. It is obligatory to give these criminals complete attention. The scholars have issued a fatwa (a scholarly legal ruling) that one who is not deterred except by killing should be killed. For one whom the hudud do not benefit and do not deter, a group of scholars have issued a fatwa that he should be killed to deter his evil. It is reported about the Prophet (peace and blessings be upon him) that a man who drank khamr (intoxicants) was brought to him, and he said: If they drink, flog them. Then if they drink, flog them. Then if they drink the third time, kill them. So, what comes to mind regarding corruption, drinking intoxicants, or the abduction of children or women is that it is a matter of strength and weakness. Yes.
The two good things regarding the interpretation of moral crimes in society are more prevalent than in the past in general. Kidnapping and rape for the purpose of zina (unlawful sexual intercourse) or liwat (sodomy) have increased. There is no doubt that the exposure of women, alongside the surge of fitnah (trial, discord or temptation) in the media, plays a major role. However, the question is: why have we stopped hearing or seeing about the implementation of hudud (the fixed Qur'anic punishments) in such cases? Has the Shari'ah (Islamic sacred law) been suspended in some way regarding hudud in this society, or what is the case? Please inform us, may Allah reward you with good.
Answer:
As for fornication, the hudud must be implemented, and they are being implemented. One must hasten in this matter. Some court proceedings have been delayed for a period to ensure the required number of witnesses and the proper framework, and to ensure there is no obstacle to executing the hudud. Therefore, a delay may occur for this reason. Otherwise, the hudud for fornication are implemented, praise be to Allah. It is obligatory to give these criminals complete attention. The scholars have issued a fatwa (a scholarly legal ruling) that one who is not deterred except by killing should be killed. For one whom the hudud do not benefit and do not deter, a group of scholars have issued a fatwa that he should be killed to deter his evil. It is reported about the Prophet (peace and blessings be upon him) that a man who drank khamr (intoxicants) was brought to him, and he said: If they drink, flog them. Then if they drink, flog them. Then if they drink the third time, kill them. So, what comes to mind regarding corruption, drinking intoxicants, or the abduction of children or women is that it is a matter of strength and weakness. Yes.
Source
ندوات الجامع الكبير مع الأسئلة - 58 — archive.org (33:53)
The Arabic text is a machine transcription of the audio recording.
