Is the disbeliever, if he is in an Islamic state, subject to the application of the hudud (fixed Qur'anic punishments) against him?
Machine translationRead the Arabic original
The questioner:
Shaykh, may Allah keep you safe. If a disbeliever is in an Islamic state and commits an act for which a hadd is prescribed, is it applied to him even if he does not accept it? The disbeliever...
The Shaykh:
No, no, the hadd is not applied to the disbeliever. They came to seek judgment from the Messenger, they came to seek judgment from him,
The questioner:
Yes, it must be apparent.
The Shaykh:
The Jews seek judgment from him. As for if there is a disbeliever among us, the hadd is applied to him if the hadd is like that of the Jews and the Christians. As for the other disbelievers who are musta'min (non-Muslims granted safe conduct), they are subject to ta'zir (discretionary punishment) because they are not among the people of hudud, such as the polytheist and the Zoroastrian and those similar to them. These people are subjected to ta'zir for their ugly deeds; because they did not commit to Islam, they did not enter Islam. As for the Jews and the Christians, they are punished according to what is in their Shari'ah (Islamic sacred law) which they adhere to.
Shaykh, may Allah keep you safe. If a disbeliever is in an Islamic state and commits an act for which a hadd is prescribed, is it applied to him even if he does not accept it? The disbeliever...
The Shaykh:
No, no, the hadd is not applied to the disbeliever. They came to seek judgment from the Messenger, they came to seek judgment from him,
The questioner:
Yes, it must be apparent.
The Shaykh:
The Jews seek judgment from him. As for if there is a disbeliever among us, the hadd is applied to him if the hadd is like that of the Jews and the Christians. As for the other disbelievers who are musta'min (non-Muslims granted safe conduct), they are subject to ta'zir (discretionary punishment) because they are not among the people of hudud, such as the polytheist and the Zoroastrian and those similar to them. These people are subjected to ta'zir for their ugly deeds; because they did not commit to Islam, they did not enter Islam. As for the Jews and the Christians, they are punished according to what is in their Shari'ah (Islamic sacred law) which they adhere to.
Source
قناة «فضيلة الشيخ ابن باز Alsheikh Binbaz»، 107 - هل الكافر إذا كان في دولة إسلامية يقام عليه الحد؟ - نور على الدرب — youtube.com
The Arabic text is a machine transcription of the audio recording.
