We hear a lot from the people of the open that they say that the fixed punishments are dropped during jihad, so what is the reason for that?
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The questioner : A question regarding this issue, as we often hear some scholars mention that the fixed punishment
The Shaykh : how
The questioner : the fixed punishment
The Shaykh : Yes, the fixed punishments
The questioner : Are the fixed punishments and penalties dropped during jihad? Is there anything from the Messenger of Allah (peace and blessings be upon him) regarding this?
The Shaykh : Yes, there is a hadith in the Sunan that no fixed punishment is carried out during travel, and they interpreted travel as jihad, or they interpreted travel as travel accompanied by jihad, because carrying out the fixed punishment on a transgressor among the mujahideen might be a cause for him to flee from the ranks of the Muslims and join the enemies of the Muslims, and there would arise from that a harm to the Muslim army that is worse than the harm of leaving the fixed punishment unenforced on that transgressor. This is the evidence of this hadith.
The questioner : Yes, this reminds me of what happened in the story of Sa'd with al-Muhajin when he flogged him for intoxicants and then imprisoned him, so this is where the punishment was inflicted on him, and perhaps...?
The Shaykh : It can be said that this is the case, and it is likely that he is of those whom one fears for.
The questioner : Yes, and perhaps this is the stronger position.
The Shaykh : how
The questioner : the fixed punishment
The Shaykh : Yes, the fixed punishments
The questioner : Are the fixed punishments and penalties dropped during jihad? Is there anything from the Messenger of Allah (peace and blessings be upon him) regarding this?
The Shaykh : Yes, there is a hadith in the Sunan that no fixed punishment is carried out during travel, and they interpreted travel as jihad, or they interpreted travel as travel accompanied by jihad, because carrying out the fixed punishment on a transgressor among the mujahideen might be a cause for him to flee from the ranks of the Muslims and join the enemies of the Muslims, and there would arise from that a harm to the Muslim army that is worse than the harm of leaving the fixed punishment unenforced on that transgressor. This is the evidence of this hadith.
The questioner : Yes, this reminds me of what happened in the story of Sa'd with al-Muhajin when he flogged him for intoxicants and then imprisoned him, so this is where the punishment was inflicted on him, and perhaps...?
The Shaykh : It can be said that this is the case, and it is likely that he is of those whom one fears for.
The questioner : Yes, and perhaps this is the stronger position.