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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The Ruling on the Security Official’s Pardon of the One Who Drinks Intoxicants

Machine translationRead the Arabic original
The questioner:
Shaykh, there is a person who is an official in a security agency, and he seized a man who had been drinking intoxicants. Then some people came in and said, “Allow me, perhaps Allah will make him repent, and so on,” and they pressed him repeatedly until he pardoned him. Does he bear sin for this, or is it according to his intention, meaning that Allah willing, he will repent and release these things?

The Shaykh:
The closest view to me is that these are among the soldiers of the ruler, and they are on the side of the ruler. If this matter reaches them and comes to their attention, they should not let this matter go until the limit of Allah is established against him, because they are entrusted with this matter. In fact, they are accountable to the ruler to seize those who commit evil and corruption in the lands. However, if it is found among the people, in his house, or on the road, by someone other than the soldiers or the princes, found in his house or on the road, then he advises him, does not report the matter, and covers it up for him; there is no harm in that. Whoever covers up a Muslim, Allah will cover him in this world and the Hereafter. But he should not report to the authorities what is not permissible to pardon. If it reaches the authorities, it is obligatory that it be executed according to what Allah, Glorified and Exalted is He, has prescribed. I fear that their reaching the soldiers is considered as being reported to the authorities; because they are deputies, so we hold that they should not release them, but should hold them until the limit of Allah is established against them. Yes.

Another questioner:
So it is upon him.

The Shaykh:
He is feared to bear sin, because he is a deputy of the ruler, commanded to care for security, and seizing the intoxicated is part of caring for security so that they do not return to spreading their evil and corruption.

Another questioner:
But Shaykh, is this soldier who seized him and released him sinful or not?

The Shaykh:
The most likely is that he is sinful, yes, the most likely is that he is sinful, because he is a deputy of the ruler. It is obligatory that he seize him and deposit him in prison until the pardon of Allah is completed for him.

Another questioner:
If you please, if I lengthen this question: if, for example, people came to him in the course of conversation and said to him, meaning from his family and his father, meaning if it became known about him, he would be fired and deprived, and so on, and so on, and so on, then this was his intention, meaning if he had that intention, how does he get out of this sin?

The Shaykh:
What is required of him is to seize this one who is found in the market, and imprison him in the place commanded by the one in authority, until the matter is raised to the authorities. After that, the command of Allah is carried out regarding him. If he leaves that, it is feared that he will be sinful. I do not assert this with certainty, but this is what I believe: that he is in the position of the prince and the ruling of one who has authority; because they were appointed for this matter to seize people and to raise their matter to the authorities. So he is a deputy of the ruler, police, police.

Another questioner:
What is the matter?

The Shaykh:
And with that, repentance to Allah, and seeking forgiveness. The one who is enjoying the valid state must have two sa'ys, so two circumambulations: the first circumambulation is for the 'Umrah, and the valid view is that he does it with it, then he exits the state of ihram, then when he finishes his Hajj, he circumambulates and does the sa'y. This is what the matters of the people of knowledge are upon, and it is the strongest in the evidence.
Source ندوات الجامع الكبير مع الأسئلة - ٦٤ — archive.org (1:06:50)

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

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