What is the validity of the statement that it is permissible for a scholar or caller to Islam to implement the hudud (fixed Qur'anic punishments) without the permission of the ruler?
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The questioner : Some people say that it is permissible for a scholar or caller to Islam to implement the hudud (fixed Qur'anic punishments) without the permission of the ruler, just as Jundub did. What do you say to these people? May Allah reward you with good.
The Shaykh : I say, no, no.
The questioner: Yes.
The Shaykh : Do you understand?
The questioner : Repeat what you heard!
The Shaykh : I say, no, no.
The questioner : No, no, yes.
The Shaykh : And if there is a ruler, it is not like that ruler!
The questioner : It is not like that ruler.
The Shaykh: Is it clear?
The questioner : Yes, yes.
The Shaykh: All right.
The questioner : May Allah reward you with good.
The Shaykh : Beware, I mean, the rulers in the early times or the generations known for their excellence, they did not only allow the scholars of the Muslims to enjoin good and forbid evil and to charge some of them with implementing the hudud (fixed Qur'anic punishments); rather, they themselves used to enjoin good and forbid evil. But today, unfortunately, that is not the case. Therefore, it is not correct to apply that ruling of such a scholar to our current era. Because if they are fighting those who enjoin good and forbid evil in words, what will be their stance toward those who actually implement the hudud (fixed Qur'anic punishments) of the Shari'ah (Islamic sacred law)?! Without a doubt, they stand as a stumbling block in the path and stir up fitnah (trial, discord or temptation) against the scholars of the Muslims. So, unfortunately, times have changed. And I remember, do you allow me?
The questioner : Please, our Shaykh.
The Shaykh : So, it is natural, I mean.
The questioner : May Allah preserve you.
The Shaykh : I say, no, no.
The questioner: Yes.
The Shaykh : Do you understand?
The questioner : Repeat what you heard!
The Shaykh : I say, no, no.
The questioner : No, no, yes.
The Shaykh : And if there is a ruler, it is not like that ruler!
The questioner : It is not like that ruler.
The Shaykh: Is it clear?
The questioner : Yes, yes.
The Shaykh: All right.
The questioner : May Allah reward you with good.
The Shaykh : Beware, I mean, the rulers in the early times or the generations known for their excellence, they did not only allow the scholars of the Muslims to enjoin good and forbid evil and to charge some of them with implementing the hudud (fixed Qur'anic punishments); rather, they themselves used to enjoin good and forbid evil. But today, unfortunately, that is not the case. Therefore, it is not correct to apply that ruling of such a scholar to our current era. Because if they are fighting those who enjoin good and forbid evil in words, what will be their stance toward those who actually implement the hudud (fixed Qur'anic punishments) of the Shari'ah (Islamic sacred law)?! Without a doubt, they stand as a stumbling block in the path and stir up fitnah (trial, discord or temptation) against the scholars of the Muslims. So, unfortunately, times have changed. And I remember, do you allow me?
The questioner : Please, our Shaykh.
The Shaykh : So, it is natural, I mean.
The questioner : May Allah preserve you.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.