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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Explanation: And some people said that the letter of the judge is permissible except in the case of hudud (fixed punishments)

Machine translationRead the Arabic original
The Shaykh : And some people said that the letter of the judge is permissible except in the case of hudud (fixed punishments). That is, some people said this, but they did not specify which "some people." However, it does not concern us; what concerns us is knowing that there is a view which states that the letter of the judge, meaning from one judge to another judge—and it is possible it refers to the ruler, though that is unlikely—is permissible except in the case of hudud. In the case of hudud, the letter from one judge to another is not accepted, neither for the ruling nor for the execution. Why? They said that hudud are based on covering up faults and repelling doubts, so it is not appropriate to write about them to another judge so that they become widespread. But this view is weak. The correct view is that the letter from one judge to another is accepted even in the case of hudud, whether for the ruling or the execution. And the Prophet (peace and blessings be upon him) said:
O Unais! Go to the wife of this (man) and if she confesses (that she has committed illegal sexual intercourse), then stone her to death. اغد يا أنيس إلى امرأة هذا فإن اعترفت فارجمها
Sahih al-Bukhari 2314, 2315
Therefore, the correct view is that it is permissible for a judge to write to another judge even in the case of hudud. This is the choice of Shaykh al-Islam Ibn Taymiyyah, and it is the truth. As for the claim that hudud are repelled by doubts, there is no doubt here. And as for the claim that they are based on covering up faults, this will be clarified by the execution of the hudud upon him, whether a letter was written to another judge or not.
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

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