The Ruling on Intercession in Fixed Punishments and Discretionary Punishments
Machine translationRead the Arabic original
The questioner:
Second, he says. Yes. He (peace and blessings be upon him) said: The question is: regarding the ranks of the committee and the police, and the like, if some cases reach them, is it permissible for us to intercede through concealment and determination in such cases? Or when is intercession forbidden?
The Shaykh:
It is closer to the view that it is not permissible as long as it has reached the committee and the authority; because it is from the matters of the ruler's authority, so one does not intercede in fixed punishments (hudud). As for discretionary punishments (ta'zir), there is no harm in it, but fixed punishments, such as the punishment for unlawful sexual intercourse (zina) and the punishment for theft, no. As for discretionary punishments, the matter is broad, or retaliation (qisas), the matter is broad.
Second, he says. Yes. He (peace and blessings be upon him) said:
When the fixed punishments reach the ruler, may Allah curse the one who intercedes and the one for whom intercession is made.
إذا بلغت الحدود الوالي فلعن الله الشافع والمشفعThe Shaykh:
It is closer to the view that it is not permissible as long as it has reached the committee and the authority; because it is from the matters of the ruler's authority, so one does not intercede in fixed punishments (hudud). As for discretionary punishments (ta'zir), there is no harm in it, but fixed punishments, such as the punishment for unlawful sexual intercourse (zina) and the punishment for theft, no. As for discretionary punishments, the matter is broad, or retaliation (qisas), the matter is broad.
Source
محاضرات عبر الهاتف [ 02 ] أحكام النكاح — islamhouse.com (14:05)
The Arabic text is a machine transcription of the audio recording.