Guarantee in Ta'zir (Discretionary Punishment)
Machine translationRead the Arabic original
The questioner:
Honorable Shaykh, may Allah grant you success. What is the ruling on guaranteeing a person in ta'zir (discretionary punishment)? That is, when a judge rules against him, but he is to receive, for example, a flogging.
The Shaykh:
Guaranteeing a person in ta'zir (discretionary punishment) is not permissible until the ta'zir (discretionary punishment) is carried out, because it is a punishment prescribed by the Shari'ah, so guaranteeing a person in it is not permissible; it must be carried out on the one against whom it was decreed and established.
The questioner:
Honorable Shaykh, may Allah grant you success.
The Shaykh:
A person may be guaranteed for something that is not yet established, and he may be brought in and released from detention or imprisonment before it is established. However, if a hadd (fixed punishment) is established against him, or if ta'zir (discretionary punishment) is established against him, it is not permissible for someone to take his place or guarantee him.
Honorable Shaykh, may Allah grant you success. What is the ruling on guaranteeing a person in ta'zir (discretionary punishment)? That is, when a judge rules against him, but he is to receive, for example, a flogging.
The Shaykh:
Guaranteeing a person in ta'zir (discretionary punishment) is not permissible until the ta'zir (discretionary punishment) is carried out, because it is a punishment prescribed by the Shari'ah, so guaranteeing a person in it is not permissible; it must be carried out on the one against whom it was decreed and established.
The questioner:
Honorable Shaykh, may Allah grant you success.
The Shaykh:
A person may be guaranteed for something that is not yet established, and he may be brought in and released from detention or imprisonment before it is established. However, if a hadd (fixed punishment) is established against him, or if ta'zir (discretionary punishment) is established against him, it is not permissible for someone to take his place or guarantee him.
Source
شرح بلوغ المرام من أدلة الأحكام [ صالح الفوزان ]، تتمة باب الصلح — islamhouse.com (1:08:02)
The Arabic text is a machine transcription of the audio recording.