Some scholars state that hudud (the fixed Qur'anic punishments) are suspended during jihad; is there any established evidence regarding this from the Messenger of Allah (peace and blessings be upon him)?

The questioner : Finally, there is a question regarding this specific issue; we often hear some scholars mention that the hadd...

The Shaykh : How?

The questioner : The hadd?

The Shaykh : The hadd, ah, yes, the hudud.

The questioner : The hudud and punishments are suspended by jihad; is there anything established regarding this from the Messenger of Allah (peace and blessings be upon him)?

The Shaykh : Yes, there is a hadith in the Sunan that the hadd is not applied during travel, and they interpreted travel as jihad, or they interpreted travel as travel accompanied by jihad; because applying the hadd to the one who deserves it among the mujahideen (those striving in the path of Allah) might be a cause for him to flee from the ranks of the Muslims and join the enemies of the Muslims, and consequently, a harm would result for the Muslim army that is worse than the harm of leaving the application of the hadd to that deserving person. This is the evidence for this hadith.

The questioner : That reminds me of the hadith about Sa'd and the man with the spear; meaning, when he flogged him for intoxicants and then imprisoned him, so he did apply the punishment to him, and perhaps Sa'd had not been informed of the ruling.

The Shaykh : It can be said that, and it can also be that what predominated in his opinion was that this man was among those who are feared for [their safety].

The questioner : Yes, and perhaps this is the stronger position.

The Shaykh: Yes.