The Ruling on Killing the Raper and the Sorcerer in the Courts
Machine translationRead the Arabic original
The questioner : For example, what did you sue him for? Is he considered a rapist, and is it permissible to kill him?
The Shaykh : No, it is not permissible for anyone to kill him; rather, the ruler kills him according to the Shari'ah. If the ruler does not kill him according to the Shari'ah...
The questioner : And if the government says, meaning, we...
The Shaykh : The government today does not rule by the Shari'ah, but if the government does not rule by the Shari'ah, it is not permissible for individuals to contravene the Shari'ah and take the execution of judgments into their own hands. This is not permissible, because, as they say, this will widen the breach for the mender, and it will add to the fitnah (trial, discord or temptation) more fitnah, so it is not permissible.
The questioner : How do we take our rights, O Shaykh, we?
The Shaykh : You file a lawsuit. If you are able to reach your right, do so; otherwise, do not.
The questioner : The lawsuit is clear, Shaykh, it won't go, meaning the court might take a month or something and just leave it.
The Shaykh : My brother, I know that you cannot do anything, nor your father, nor anyone from the family can do anything with this aggressor and transgressor. They cannot do anything according to the Shari'ah; they cannot. So if he contravenes the Shari'ah in one aspect, do not you contravene the Shari'ah in another aspect, otherwise you will be equal to this tyrant and aggressor.
The questioner : Okay, O Shaykh, now if, for example, our sister is affected by sihr (sorcery), and when she was asked in the court, for example, if she came, because now on the phone sometimes she says, "Yes, yes, I am happy," and we know she is not happy, she is being coerced. If she says in the court, "Yes, I agree," and we know that there is sihr, and the courts here do not recognize sihr or witchcraft, how can we save our sister from it, at the very least?
The Shaykh : I do not know, I do not know. Do you understand me? Yes, peace be upon you. A story like this, what can we do with it? May Allah be his helper. Subhan Allah.
The Shaykh : No, it is not permissible for anyone to kill him; rather, the ruler kills him according to the Shari'ah. If the ruler does not kill him according to the Shari'ah...
The questioner : And if the government says, meaning, we...
The Shaykh : The government today does not rule by the Shari'ah, but if the government does not rule by the Shari'ah, it is not permissible for individuals to contravene the Shari'ah and take the execution of judgments into their own hands. This is not permissible, because, as they say, this will widen the breach for the mender, and it will add to the fitnah (trial, discord or temptation) more fitnah, so it is not permissible.
The questioner : How do we take our rights, O Shaykh, we?
The Shaykh : You file a lawsuit. If you are able to reach your right, do so; otherwise, do not.
The questioner : The lawsuit is clear, Shaykh, it won't go, meaning the court might take a month or something and just leave it.
The Shaykh : My brother, I know that you cannot do anything, nor your father, nor anyone from the family can do anything with this aggressor and transgressor. They cannot do anything according to the Shari'ah; they cannot. So if he contravenes the Shari'ah in one aspect, do not you contravene the Shari'ah in another aspect, otherwise you will be equal to this tyrant and aggressor.
The questioner : Okay, O Shaykh, now if, for example, our sister is affected by sihr (sorcery), and when she was asked in the court, for example, if she came, because now on the phone sometimes she says, "Yes, yes, I am happy," and we know she is not happy, she is being coerced. If she says in the court, "Yes, I agree," and we know that there is sihr, and the courts here do not recognize sihr or witchcraft, how can we save our sister from it, at the very least?
The Shaykh : I do not know, I do not know. Do you understand me? Yes, peace be upon you. A story like this, what can we do with it? May Allah be his helper. Subhan Allah.
Source
سلسلة الهدى والنور، المجلس 1109 — d3watuna.com (20:44)
The Arabic text is a machine transcription of the audio recording.