The wisdom behind imprisoning the sinner while the hudud (fixed Qur'anic punishments) remain established
Machine translationRead the Arabic original
Question:
Honorable Shaykh! What is the basis for imprisoning the sinner, given that the Sunnah (the Prophet's way) only prescribes the hudud?
Answer:
It may be for the sake of verifying the case against him. Imprisoning him is to verify the case so that he does not flee until the Shari'ah (Islamic sacred law) ruling is issued against him. There is no harm in that, no harm in his imprisonment, until either a hudud is established against him or nothing is established against him and he is released. Yes. If people were left alone, corruption would spread. There is a public benefit (maslahah) in imprisonment. Yes.
Honorable Shaykh! What is the basis for imprisoning the sinner, given that the Sunnah (the Prophet's way) only prescribes the hudud?
Answer:
It may be for the sake of verifying the case against him. Imprisoning him is to verify the case so that he does not flee until the Shari'ah (Islamic sacred law) ruling is issued against him. There is no harm in that, no harm in his imprisonment, until either a hudud is established against him or nothing is established against him and he is released. Yes. If people were left alone, corruption would spread. There is a public benefit (maslahah) in imprisonment. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 146 من 175 /شرح بلوغ المرام/الحدود/حد الشارب وبيان المسكر/صالح الفوزان/الحديث/كبار العلماء — youtube.com (1:13:14)
The Arabic text is a machine transcription of the audio recording.