The Application of Hudud (Fixed Punishments) on the Coerced
Machine translationRead the Arabic original
The questioner:
Are hudud (fixed punishments) applied to the coerced?
The Shaykh:
Coerced? No, the coerced is not obligated, even...[An-Nahl 16:106]. [Al-Baqarah 2:256], he is not subject to the cause of choice, because he is not one who acts under compulsion for this, yes.
The questioner:
And is it comparable?
The Shaykh:
And what is the coercion upon? Is it coercion to commit zina (unlawful sexual intercourse) or liwat (sodomy)? If the woman is coerced into it, there is no hadd (fixed punishment) on her, or if the one subjected to liwat is also coerced, he has no choice, no, there is no hadd on him.
Are hudud (fixed punishments) applied to the coerced?
The Shaykh:
Coerced? No, the coerced is not obligated, even...
except for one who is forced [to renounce his religion] while his heart is secure in faith
إِلَّا مَنْ أُكْرِهَ وَقَلْبُهُ مُطْمَئِنٌّ بِالْإِيمَانِThere shall be no compulsion in [acceptance of] the religion
لَا إِكْرَاهَ فِي الدِّينِThe questioner:
And is it comparable?
The Shaykh:
And what is the coercion upon? Is it coercion to commit zina (unlawful sexual intercourse) or liwat (sodomy)? If the woman is coerced into it, there is no hadd (fixed punishment) on her, or if the one subjected to liwat is also coerced, he has no choice, no, there is no hadd on him.
Source
شرح أخصر المختصرات في الفقه، كتاب الحدود — islamhouse.com (52:08)
The Arabic text is a machine transcription of the audio recording.