Scholarly disagreement on the ruling regarding exile and imprisonment
Machine translationRead the Arabic original
The questioner:
Greetings to you.
The Shaykh:
Yes, all of them, yes.
The questioner:
If Allah wills, if it is with the one in authority regarding exile, out of fear of corruption from their departure and their being exiled from their land, he imprisons them.
The Shaykh:
The majority hold that he is confined in a public place, and Abu Hanifah and a group said that imprisoning him is sufficient, and imprisonment has a valid aspect because it suffices to a land; he has been banished in meaning, he no longer sees the people, but what is known among the scholars is that he is transferred to another land.
The questioner:
And the choice is up to you.
The Shaykh:
The apparent meaning of the hadith of exile.
The questioner:
Does imprisonment not involve an increase in punishment?
The Shaykh:
Yes, it is a type of banishment on the earth, a type of banishment, but banishment means being sent to other lands. Yes. It means he is submerged, so to speak. Yes.
Greetings to you.
The Shaykh:
Yes, all of them, yes.
The questioner:
If Allah wills, if it is with the one in authority regarding exile, out of fear of corruption from their departure and their being exiled from their land, he imprisons them.
The Shaykh:
The majority hold that he is confined in a public place, and Abu Hanifah and a group said that imprisoning him is sufficient, and imprisonment has a valid aspect because it suffices to a land; he has been banished in meaning, he no longer sees the people, but what is known among the scholars is that he is transferred to another land.
The questioner:
And the choice is up to you.
The Shaykh:
The apparent meaning of the hadith of exile.
The questioner:
Does imprisonment not involve an increase in punishment?
The Shaykh:
Yes, it is a type of banishment on the earth, a type of banishment, but banishment means being sent to other lands. Yes. It means he is submerged, so to speak. Yes.
Source
شرح بلوغ المرام [ ابن باز ] [ الشرح الجديد ]، كتاب الحدود : باب حد الزاني — islamhouse.com (13:05)
The Arabic text is a machine transcription of the audio recording.