Is it permissible for the ruler to drop the hudud (fixed Qur'anic punishments) after they have been established for the sake of public benefit?
Machine translationRead the Arabic original
The questioner:
Honorable Shaykh, may Allah grant you success. This questioner says: If a Shari'ah hudud (fixed Qur'anic punishments) is established, such as the hadd for theft or the hadd for zina (unlawful sexual intercourse) or similar hudud, once they are established, is it permissible for the ruler and the one in authority to drop the hadd after it has been established for some benefit?
The Shaykh:
This is not permissible. It is not permissible to drop the hadd after it has been established. It must be carried out. However, only the ruler carries it out. Only the ruler, or whoever acts on behalf of the ruler, is responsible for executing the hudud. Yes.
The presenter:
Honorable Shaykh, may Allah grant you success. This questioner is from outside this country.
The Shaykh:
The execution of the ruling is delayed for an excuse, just as 'Umar ibn al-Khattab (may Allah be pleased with him) delayed the cutting off of the thief's hand during the year of famine. Yes.
Honorable Shaykh, may Allah grant you success. This questioner says: If a Shari'ah hudud (fixed Qur'anic punishments) is established, such as the hadd for theft or the hadd for zina (unlawful sexual intercourse) or similar hudud, once they are established, is it permissible for the ruler and the one in authority to drop the hadd after it has been established for some benefit?
The Shaykh:
This is not permissible. It is not permissible to drop the hadd after it has been established. It must be carried out. However, only the ruler carries it out. Only the ruler, or whoever acts on behalf of the ruler, is responsible for executing the hudud. Yes.
The presenter:
Honorable Shaykh, may Allah grant you success. This questioner is from outside this country.
The Shaykh:
The execution of the ruling is delayed for an excuse, just as 'Umar ibn al-Khattab (may Allah be pleased with him) delayed the cutting off of the thief's hand during the year of famine. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، هل يجوز للحاكم أن يسقط الحد بعد ثبوته لمصلحة؟ لمعالي الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.