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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Is the one who has fallen into shirk (associating partners with Allah) required to be given the opportunity to repent before the hudud (fixed Qur'anic punishments) are carried out against him?

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Question:
He says: Honorable Shaykh, may Allah grant you success. He says: I read from some of our scholars (may Allah have mercy on them) that if a mushrik (one who associates partners with Allah) falls into shirk, there is no objection to calling him a mushrik; it is said, "So-and-so is a mushrik," because he is not excused. However, when there is an intention to kill him, the proof is established against him by informing him of the truth. If he refuses and rejects it, he is killed. What is the basis for this distinction?

Answer:
This is a contradiction. It is known that he is a mushrik, and it is necessary to establish the proof, and he knows that he is a mushrik. What is the proof? He has come to know, so that is the end of the proof. But the questioner perhaps wants to know that he is to be given the opportunity to repent, meaning he is not killed until he is given the opportunity to repent. This is correct: he is not killed until he is given the opportunity to repent. If he repents, that is before [the execution]. If he refuses to repent, he is killed. He is detained for three days and given the opportunity to repent. The one who handles this is the judge, the lawful ruler. It is not for any individual among the people to handle it.
Source قناة «العلامة الدكتور صالح الفوزان»، هل يُستتاب من وقع في الشرك قبل إقامة الحد عليه؟ للشيخ صالح الفوزان — youtube.com

The Arabic text is a machine transcription of the audio recording.

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