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 providing a guarantor in the case of ta'zir (discretionary punishment), specifically regarding the person who is sentenced to it, for example, to three hundred lashes?
The Shaykh:
It is not permissible to provide a guarantor in the case of ta'zir until the ta'zir is carried out, because it is a punishment prescribed by the Shari'ah, so it is not permissible to provide a guarantor for it; it must be executed on the one for whom it was decreed and established.
The questioner:
Honorable Shaykh, may Allah grant you success.
The Shaykh:
It is permissible for him to provide a guarantor before anything is established against him; he can guarantee him, bring him in, and release him from detention and imprisonment before anything is established. However, if the hadd is established against him, or if the ta'zir is established against him, it is not permissible for someone to take his place or provide a guarantor for him. Yes.
Honorable Shaykh, may Allah grant you success. What is the ruling on providing a guarantor in the case of ta'zir (discretionary punishment), specifically regarding the person who is sentenced to it, for example, to three hundred lashes?
The Shaykh:
It is not permissible to provide a guarantor in the case of ta'zir until the ta'zir is carried out, because it is a punishment prescribed by the Shari'ah, so it is not permissible to provide a guarantor for it; it must be executed on the one for whom it was decreed and established.
The questioner:
Honorable Shaykh, may Allah grant you success.
The Shaykh:
It is permissible for him to provide a guarantor before anything is established against him; he can guarantee him, bring him in, and release him from detention and imprisonment before anything is established. However, if the hadd is established against him, or if the ta'zir is established against him, it is not permissible for someone to take his place or provide a guarantor for him. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 109 من 175 /شرح بلوغ المرام/البيوع/الصلح/صالح الفوزان/الحديث/كبار العلماء — youtube.com (1:08:20)
The Arabic text is a machine transcription of the audio recording.
