A doubt regarding the implementation of hudud (fixed punishments) and that it is permissible even without referring to the general ruler; what is your opinion?
Machine translationRead the Arabic original
The questioner: He is answering... He is refuting Shaykh "Ali ibn Hasan"; Shaykh "AliAl-Halabi : ", Shaykh Ali; so he is refuting by saying: No, rather it is permissible for people - he said - to refer to one man for judgment by their consent - unlike the judge of the imam - and his rulings are binding upon them. He said: The evidence is: the hadith narrated by Abu Shurayh that the Messenger of Allah (peace and blessings be upon him) said to him: Sunan an-Nasa'i 5387Hasan (Darussalam). He said: My people, when they differ over something, come to me and I judge between them, and both parties are pleased with me. He said: Sunan Abi Dawud 4955Sahih (Al-Albani). He said: Shurayh. He said: .
And he answers with the other evidence, saying: The story of 'Umar and the Bedouin man referring to Shurayh. Ali ibn al-Ja'd said: Shu'bah informed us from Sayyar from al-Sha'bi, saying: 'Umar took a horse from a man at a price, then he rode it and became angry, so the man argued with him. 'Umar said: Appoint a man between us. The man said: I am satisfied with Shurayh the Iraqi. Shurayh said: You took it sound and healthy, so you are its guarantor until you return it sound and healthy. He said: So it seemed to please him, so he appointed him as a judge and said: Whatever becomes clear to you from the Book of Allah, do not ask about it; if it does not become clear in the Book of Allah, then from the Sunnah; if you do not find it in the Sunnah, then use your own opinion.
He means from the two evidences... evidence for the permissibility of referring to a person without referring to the judge of the state.
The Shaykh: A problem... a problem; meaning superficial thinking. Do you have any other questions?
Allah is Al-Hakam (the Judge) and judgment is His. Why are you known as Abu Al-Hakam?
إن الله هو الحَكَم فلم تكنَّى أبا الحكم ؟How good this is! What children have you?
ما أحسن هذا ! فما أكبر ولدك ؟So you are Abu Shurayh
فأنت أبو شريحAnd he answers with the other evidence, saying: The story of 'Umar and the Bedouin man referring to Shurayh. Ali ibn al-Ja'd said: Shu'bah informed us from Sayyar from al-Sha'bi, saying: 'Umar took a horse from a man at a price, then he rode it and became angry, so the man argued with him. 'Umar said: Appoint a man between us. The man said: I am satisfied with Shurayh the Iraqi. Shurayh said: You took it sound and healthy, so you are its guarantor until you return it sound and healthy. He said: So it seemed to please him, so he appointed him as a judge and said: Whatever becomes clear to you from the Book of Allah, do not ask about it; if it does not become clear in the Book of Allah, then from the Sunnah; if you do not find it in the Sunnah, then use your own opinion.
He means from the two evidences... evidence for the permissibility of referring to a person without referring to the judge of the state.
The Shaykh: A problem... a problem; meaning superficial thinking. Do you have any other questions?
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
