Explanation of the Book of Prayer-14

The Shaykh : He said: "And from Hakim ibn Hizam (may Allah be pleased with him), who said: The Messenger of Allah (peace and blessings be upon him and his family) said:

Neither the prescribed punishment nor retaliations should be executed inside the mosque.

لا تقام الحدود في المساجد ولا يستقاد فيها

Bulugh al-Maram 2:130

. Ahmad and Abu Dawud narrated it with a weak chain."
His saying (peace and blessings be upon him), if the hadith is authentic from him, The hudud is the plural of hadd, and in the language it means prevention, as in the boundaries of land, which prevent neighbors from encroaching on one another. Here, it refers to the prescribed punishments for sins. So we say: The hudud is the plural of hadd, and it is a punishment prescribed by the Shari'ah for a sin, to expiate for its perpetrator and to deter others from it, because the hudud are expiation. Let us look at the hudud: the hadd of zina, the hadd of qadhf, the hadd of theft, the hadd of highway robbery. These are four. What comes after?
The student: Intoxicants.

The Shaykh : The hadd of intoxicants is a matter of disagreement, and the correct view is that it is not a hadd, as will come if Allah wills. The sixth is the killing of the apostate, which some counted among the hudud, but this is not correct, because the killing of the apostate is not a hadd, as evidenced by the fact that if the apostate repents after being captured, the killing is lifted from him, whereas a hadd is not lifted after the perpetrator is captured. Now, what about qisas?
The student: No.

The Shaykh : Some counted it among the hudud, and that is an error, because qisas is a right belonging to a human being. Allah the Exalted said: The clear hudud in which there is no doubt are: the hadd of zina, the hadd of theft, the hadd of highway robbery, and the hadd of qadhf. Four in which there is no doubt.
And the wisdom behind this is that there is a fear of the mosque being defiled, which is one aspect. There is a fear of reprehensible actions occurring in it, committed by the one being punished or by the people who are present. There is a fear of screaming and wailing in the mosques, and this contradicts its sanctity.
An example of retaliation for the soul is when a man kills another and the conditions for retaliation are met, so retaliation is exacted from him. As for less than the soul, Allah the Exalted said: So retaliation is not exacted in the mosques, even for less than the soul, and that is for what we mentioned earlier.