Is it prescribed for a scholar to carry out the hudud (fixed Qur'anic punishments) himself, as the Shaykh al-Islam did?
Machine translationRead the Arabic original
The questioner : May Allah reward you and guide your steps to good, O honorable Shaykh. Is it prescribed for a scholar to carry out 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 the boys and going out as he went out, meaning as al-Hafiz al-Mizzi went out from prison?
The Shaykh : No, it is not permissible for anyone to usurp the authority of the Imam in carrying out the hudud (fixed Qur'anic punishments). Carrying out the hudud is the affair of the Imam. Carrying out ta'zir (discretionary punishment) is the affair of the Imam. It is not permissible for anyone to usurp his authority.
And I say: It is the affair of the Imam. The Imam is the highest authority in the state, whether he is called a King, a President, an Imam, an Amir, a Shaykh, or whoever represents the Imam, such as the governors of regions and the administrators of regions, and the like. However, a person may discipline his son, and a person may discipline his slave. In fact, the scholars (may Allah have mercy on them) said: A person may carry out 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, for that is the affair of the Imam.
The questioner : And what is said about 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 that every person carries out the hadd (fixed punishment), then every person would beat a person for what he sees and say, "What is the problem? Why?" He would say, "Because he did what necessitates the hadd," and the matter would become chaos. Yes.
The Shaykh : No, it is not permissible for anyone to usurp the authority of the Imam in carrying out the hudud (fixed Qur'anic punishments). Carrying out the hudud is the affair of the Imam. Carrying out ta'zir (discretionary punishment) is the affair of the Imam. It is not permissible for anyone to usurp his authority.
And I say: It is the affair of the Imam. The Imam is the highest authority in the state, whether he is called a King, a President, an Imam, an Amir, a Shaykh, or whoever represents the Imam, such as the governors of regions and the administrators of regions, and the like. However, a person may discipline his son, and a person may discipline his slave. In fact, the scholars (may Allah have mercy on them) said: A person may carry out 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, for that is the affair of the Imam.
The questioner : And what is said about 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 that every person carries out the hadd (fixed punishment), then every person would beat a person for what he sees and say, "What is the problem? Why?" He would say, "Because he did what necessitates the hadd," and the matter would become chaos. Yes.