Explanation of the exception to the guarantee in hudud (fixed Qur'anic punishments) by securing the stolen property
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success. Shaykh Ibn Qasim (may Allah have mercy on him) mentioned in his marginal notes, when discussing the invalidity of surety in fixed punishments, my statement that this is the view of the majority of scholars, because it is not permissible to demand it from the guarantor unless the thief guaranteed the compensation for the stolen item, in which case it is valid because it is a financial right. So I ask you, Honorable Shaykh, to clarify this exception.
Answer:
If he guarantees the stolen money, if he guarantees the stolen money, he is not guaranteeing the fixed punishment; he is guaranteeing the stolen money, that he will return it to its owner, because this is a guarantee regarding money, not regarding the fixed punishment. Yes.
He says: Honorable Shaykh, may Allah grant you success. Shaykh Ibn Qasim (may Allah have mercy on him) mentioned in his marginal notes, when discussing the invalidity of surety in fixed punishments, my statement that this is the view of the majority of scholars, because it is not permissible to demand it from the guarantor unless the thief guaranteed the compensation for the stolen item, in which case it is valid because it is a financial right. So I ask you, Honorable Shaykh, to clarify this exception.
Answer:
If he guarantees the stolen money, if he guarantees the stolen money, he is not guaranteeing the fixed punishment; he is guaranteeing the stolen money, that he will return it to its owner, because this is a guarantee regarding money, not regarding the fixed punishment. Yes.
Source
الفوزان -أشرطة- شرح زاد المستقنع مع الأسئلة - 054-تكملة الرهن - الضمان - الحوالة - 16-8-23 هـ — archive.org (1:17:37)
The Arabic text is a machine transcription of the audio recording.