The Ruling on a Scholar Implementing the Fixed Punishments Without the Imam's Permission
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Your Eminence! Is it prescribed for a scholar to implement the hudud (fixed Qur'anic punishments) himself, as is reported from Ibn Taymiyyah (may Allah have mercy on him), such as going out to administer ta'zir (discretionary punishment) to young boys, or going out of prisons as al-Hafiz al-Mizzi went out of prison?
No, it is not permissible for anyone to usurp the authority of the imam. Implementing the hudud is the concern of the imam, and implementing the ta'zir punishments is the concern of the imam. It is not permissible for anyone to usurp his authority.And I say: It is the concern of the imam. The imam is the supreme head of the state, whether he is called a king, a president, an imam, an emir, a shaykh (scholar or teacher), or whoever represents the imam, such as the emirs of regions, the governors of regions, and the like. However, a person may discipline his son, and a person may discipline his slave.Rather, the scholars (may Allah have mercy on them) said: A person may implement the hadd (fixed punishment) on his slave if it is a flogging, but not if it is the amputation of a limb or the like; that is for the imam.
The questioner: And what came regarding the action of the Shaykh al-Islam?The Shaykh: It is said that this was the action of individuals, and their statements are not used as evidence. The most that can be done is to seek an excuse for them, or that there were circumstances that justified their doing so.Because if we said: If every person implemented the hadd, then every person would beat the person as he wished, and we would say to him: Why?He said: Because he did what necessitates the hadd, and the matter would become chaos.
No, it is not permissible for anyone to usurp the authority of the imam. Implementing the hudud is the concern of the imam, and implementing the ta'zir punishments is the concern of the imam. It is not permissible for anyone to usurp his authority.And I say: It is the concern of the imam. The imam is the supreme head of the state, whether he is called a king, a president, an imam, an emir, a shaykh (scholar or teacher), or whoever represents the imam, such as the emirs of regions, the governors of regions, and the like. However, a person may discipline his son, and a person may discipline his slave.Rather, the scholars (may Allah have mercy on them) said: A person may implement the hadd (fixed punishment) on his slave if it is a flogging, but not if it is the amputation of a limb or the like; that is for the imam.
The questioner: And what came regarding the action of the Shaykh al-Islam?The Shaykh: It is said that this was the action of individuals, and their statements are not used as evidence. The most that can be done is to seek an excuse for them, or that there were circumstances that justified their doing so.Because if we said: If every person implemented the hadd, then every person would beat the person as he wished, and we would say to him: Why?He said: Because he did what necessitates the hadd, and the matter would become chaos.