Explanation of the Book of Fitnahs and Rulings-06b
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The reciter: Abdullah narrated to me, and Mubab ibn al-Hasan narrated to us, and Khalid narrated to us from Hamid ibn Hilaal from Abu Burdah from Abu Musa: .
The Shaykh : The author (may Allah have mercy on him) says: "The chapter on the ruler who rules with the killing of one upon whom it is obligatory, other than the Imam above him." This means that it is permissible, as will come in the story of Mu'adh and Abu Musa (may Allah be pleased with them). However, this is not currently practiced. In the view of those who have looked into it, if a judge rules with the killing of someone, he is not killed until the case is referred to the Court of Cassation, then to the Supreme Council of the Judiciary, and then to the King, until he orders his killing. All of this is a matter of precaution and caution, not a matter of prolonging cases or hindering their execution. There is nothing wrong with this, if Allah wills. However, if the delegate or representative of the Imam is given the authority to kill those who deserve to be killed without consulting the Imam, then he has that right. But it is obligatory for the Imam in this case to be extremely cautious so that there is no tampering with souls.
That a man embraced Islam and then became a Jew, so Mu'adh ibn Jabal came to him while he was with Abu Musa and said, "What is the ruling for this?" He said, "He embraced Islam and then became a Jew." He said, "I will not sit until I kill him, by the decree of Allah the Exalted and His Messenger (peace and blessings be upon him)."
أن رجلا أسلم ثم تهود فأتاه معاذ بن جبل وهو عند أبي موسى فقال ما لهذا قال أسلم ثم تهود قال لا أجلس حتى أقتله قضاء الله تعالى ورسوله صلى الله عليه وسلمThe Shaykh : The author (may Allah have mercy on him) says: "The chapter on the ruler who rules with the killing of one upon whom it is obligatory, other than the Imam above him." This means that it is permissible, as will come in the story of Mu'adh and Abu Musa (may Allah be pleased with them). However, this is not currently practiced. In the view of those who have looked into it, if a judge rules with the killing of someone, he is not killed until the case is referred to the Court of Cassation, then to the Supreme Council of the Judiciary, and then to the King, until he orders his killing. All of this is a matter of precaution and caution, not a matter of prolonging cases or hindering their execution. There is nothing wrong with this, if Allah wills. However, if the delegate or representative of the Imam is given the authority to kill those who deserve to be killed without consulting the Imam, then he has that right. But it is obligatory for the Imam in this case to be extremely cautious so that there is no tampering with souls.