Ruling on the implementation of hudud by other than the authority
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The men of the Hisbah may apprehend some criminals,For example: such as one who commits sodomy or drinks intoxicants. If this man is referred to the Sharia court, it may issue a verdict of his guilt, and he may be dismissed from his job for five years or more. Is it permissible for the man of the Hisbah to purify this criminal by implementing the hadd upon him at the center itself or in the body, knowing that he supports a family, and the matter may lead to the ruin of that family? May Allah reward you with good?
First: It is known that the men of the Hisbah do not have the authority to discipline. If they do not have it, they cannot discipline anyone without permission from the one in authority.
Second: If the man of the Hisbah or someone else apprehends a criminal, they look to see if this criminal is one known for evil and corruption or not? If he is, then it is obligatory to refer his case to the one in authority, even if whatever consequences follow follow,And his family, Allah has taken charge of their provision: [Hud:6] .
As for if the man is not known for evil and corruption, and they see that it is in the interest to take a pledge from him and release him with monitoring him afterwards, then there is nothing wrong with this; because matters of accusations do not necessitate the Sharia hudud until it is said: that it is not possible to drop the hadd, but rather they permit ta'zir; and ta'zir, if the one in authority sees that he should lighten it for a Sharia interest, then there is nothing wrong.
First: It is known that the men of the Hisbah do not have the authority to discipline. If they do not have it, they cannot discipline anyone without permission from the one in authority.
Second: If the man of the Hisbah or someone else apprehends a criminal, they look to see if this criminal is one known for evil and corruption or not? If he is, then it is obligatory to refer his case to the one in authority, even if whatever consequences follow follow,And his family, Allah has taken charge of their provision:
And there is no creature on earth but that upon Allah is its provision
وَمَا مِنْ دَابَّةٍ فِي الْأَرْضِ إِلَّا عَلَى اللَّهِ رِزْقُهَاAs for if the man is not known for evil and corruption, and they see that it is in the interest to take a pledge from him and release him with monitoring him afterwards, then there is nothing wrong with this; because matters of accusations do not necessitate the Sharia hudud until it is said: that it is not possible to drop the hadd, but rather they permit ta'zir; and ta'zir, if the one in authority sees that he should lighten it for a Sharia interest, then there is nothing wrong.