Claiming a Doubtful Matter (Shubhah) Falsely to Avert a Fixed Punishment
Machine translationRead the Arabic original
Question:
Honorable Shaykh, may Allah reward you. If a person claims the existence of a shubhah (a doubtful matter) while lying, is he required to acknowledge this act and endure it himself?
Answer:
If he claims a shubhah, he must clarify it. If it is an acceptable shubhah, it is accepted; otherwise, it is not. If a person is subject to a hudud (fixed Qur'anic punishment), he says, "I have a shubhah." He does not leave it unexplained until he clarifies what this shubhah is. He explains it. If it is an acceptable shubhah, the hudud is dropped from him. If it is not, then the right of a hudud from the hudud of Allah (Glorified and Exalted is He) is not dropped from him by claiming a shubhah. Yes.
Honorable Shaykh, may Allah reward you. If a person claims the existence of a shubhah (a doubtful matter) while lying, is he required to acknowledge this act and endure it himself?
Answer:
If he claims a shubhah, he must clarify it. If it is an acceptable shubhah, it is accepted; otherwise, it is not. If a person is subject to a hudud (fixed Qur'anic punishment), he says, "I have a shubhah." He does not leave it unexplained until he clarifies what this shubhah is. He explains it. If it is an acceptable shubhah, the hudud is dropped from him. If it is not, then the right of a hudud from the hudud of Allah (Glorified and Exalted is He) is not dropped from him by claiming a shubhah. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 81 من 89|شرح العدة في شرح العمدة|كتاب الحدود|فصل فيما يشترط في السوط يقام به الحد|صالح الفوزان|الفقه — youtube.com (1:11:44)
The Arabic text is a machine transcription of the audio recording.