The men of the Hisbah may arrest some criminals who commit sodomy or drink intoxicants, and if the matter is referred to the competent authorities, they may be dismissed from their jobs for a period of five years.
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The questioner : May Allah reward you, O honorable Shaykh. The men of the Hisbah may arrest some criminals, such as one who commits sodomy or drinks intoxicants. If this man is referred to the Sharia court, they may issue a verdict convicting him, and he may be dismissed from his job for five years or more. Is it permissible for a man of the Hisbah to purify this criminal by executing the hadd punishment on him at the center itself or in the body itself, knowing that he supports a family, and his imprisonment may lead to the ruin of that family? May Allah reward you with good.
The Shaykh : First: It is known that the men of the Hisbah do not have the authority to discipline. If they do not have this authority, it is not permissible for them to discipline anyone without the permission of the one in authority.
Second: If a criminal is arrested, it is looked into whether this criminal is one who is known for evil and corruption. If so, he must be referred to the one in authority, and whatever consequences follow will follow, and Allah will provide for the sustenance of his family:[Hud 11:6].
As for if the man is not known for evil and corruption, and they see that it is in the public interest to take a pledge from him and release him, with monitoring him afterwards, then there is nothing wrong with that. This is because matters of accusation do not necessitate the Sharia hadd punishments such that it would be said that the hadd cannot be dropped; rather, they permit ta'zir (discretionary punishment). And if the one in authority sees that he should be lenient with him for a Sharia interest, then there is nothing wrong with that.
The questioner : I mean, is it permissible for them to discipline him and take a pledge from him?
The Shaykh : From whom?
The questioner : From the men of the Hisbah.
The Shaykh : Yes, even if he is harmed, if it is not possible for them to discipline him themselves.
The questioner : ... .
The Shaykh : The discussion now is about the system in the Hisbah. What is the system?
The questioner : That he is tried in court.
The Shaykh : They have no right to beat them, even once.
The questioner : But if they see leniency.
The Shaykh : If they see, as I told you: if they see leniency for a Sharia interest, such as the man not being known for evil and corruption, and we take a pledge and monitor him, then I see no harm in that.
The Shaykh : First: It is known that the men of the Hisbah do not have the authority to discipline. If they do not have this authority, it is not permissible for them to discipline anyone without the permission of the one in authority.
Second: If a criminal is arrested, it is looked into whether this criminal is one who is known for evil and corruption. If so, he must be referred to the one in authority, and whatever consequences follow will follow, and Allah will provide for the sustenance of his family:
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 public interest to take a pledge from him and release him, with monitoring him afterwards, then there is nothing wrong with that. This is because matters of accusation do not necessitate the Sharia hadd punishments such that it would be said that the hadd cannot be dropped; rather, they permit ta'zir (discretionary punishment). And if the one in authority sees that he should be lenient with him for a Sharia interest, then there is nothing wrong with that.
The questioner : I mean, is it permissible for them to discipline him and take a pledge from him?
The Shaykh : From whom?
The questioner : From the men of the Hisbah.
The Shaykh : Yes, even if he is harmed, if it is not possible for them to discipline him themselves.
The questioner : ... .
The Shaykh : The discussion now is about the system in the Hisbah. What is the system?
The questioner : That he is tried in court.
The Shaykh : They have no right to beat them, even once.
The questioner : But if they see leniency.
The Shaykh : If they see, as I told you: if they see leniency for a Sharia interest, such as the man not being known for evil and corruption, and we take a pledge and monitor him, then I see no harm in that.