The imam or his deputy establishes it in a place other than a mosque
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The Shaykh : Then the author said "The imam establishes it", meaning that once the hadd is established, who is addressed to carry it out? Is it permissible for any person to carry it out? No, he said "The imam or his deputy establishes it".
And it is known from the author's statement "The imam establishes it" that intention is necessary. So if the imam becomes angry with a person over a matter that is not heinous and flogs him one hundred lashes, and he hears that the man is insulting the imam, he says, "This man who is insulting me, flog him one hundred lashes," and they flog him one hundred lashes. When they are finished with him, he tells them that he committed zina. Do these lashes count as the punishment for his zina? No, because intention is necessary. For this reason, he said "The imam establishes it," and the establishment must have an intention.
It is also obligatory for the imam to intend when establishing the hadd, or among the etiquettes is that he intends. He intends three things when establishing the hadd:
First: to comply with the command of Allah (Mighty and Majestic) in establishing the hudud, and he does not intend thereby to take revenge or seek retribution. He intends thereby to comply with the command of Allah the Exalted in establishing the hadd, because this is among the obligatory matters that Allah has made obligatory upon the servants, so he intends thereby to comply with the command of Allah.
Second: that he intends to repel corruption, because these sins are undoubtedly corruption, and Allah the Exalted did not command the establishment of hudud upon their perpetrators except to repel their corruption and the corruption of others that is expected if the hadd is not established against them.
The third thing: to reform the people, and among the people whom this criminal, upon whom the hadd is established, reforms is himself. So he intends to reform him and that Allah the Exalted will forgive him for what has passed.
These three matters must be on the mind of the one in authority: establishing the obligation of Allah, repelling corruption, and reforming the people. Many of the rulers, or I should say some of the rulers, intend only to take revenge, mere revenge against this person.
Now, do these three etiquettes apply to the teacher?
The questioner : Yes.
The Shaykh : The teacher, for example, if the student hits him with a ruler, do you know what a ruler is? If he hits him with a ruler, he intends thereby... the obligation of Allah. A ruler is a piece of wood; we call it a ruler from the word "to hit"... The important thing is that he intends thereby to repel corruption and to reform this student and others as well. But how is the establishment of the obligation of Allah? We might say that this is prescribed, and if we dare to call it an obligation, it is prescribed. Even if it is not that, as long as we said it is repelling corruption, and Allah the Exalted does not love corruption, it becomes prescribed for us to repel corruption by any means, is that not so? Good.
And the author's statement "The imam establishes it": the imam in every place is according to its context. When we speak about crimes and hudud and the like, the intended meaning of the imam is the one who has the highest authority in the state.
And when we speak in the chapter of congregation, the intended meaning of the imam is the imam of the prayer, the imam of the mosque. So the imam is the one who has the highest authority in the state, the one who manages the affairs of the state.
And his statement "Or his deputy": who is the deputy of the imam? The judge, the minister, the prince? This returns to custom. The deputy of the imam in these matters returns to custom. For example, if it is the custom of the imam to have the princes establish it on his behalf in executing the hudud, then the deputy of the imam is the prince. And if he has the sheikhs of the tribes establish it, then the one who acts on his behalf is the sheikh of the tribe. And if the judges act on his behalf, then the one who acts on his behalf is the judge, and so on. The important thing is that this returns to custom and the specific system, and this differs in every place according to its context.
"In a place other than a mosque": His statement "in a place other than a mosque," what does it include? Every place except the mosque. It is permissible to establish it in the house, according to the apparent wording of the author, or is it? The apparent wording of the author is yes, because he did not exclude anything except the mosque. He establishes it in the house, but on the condition that a group of believers is present. Is it permissible in the workplace, or is it? As if they were in an office and he established the hadd against him in the office? It is permissible, yes, but a group of believers must witness it.
Now, but the best and most preferable is that it be in a spacious place, meaning that everyone comes to it, yes, like the market and the gatherings of people and the like, so that it is public. For this reason, Ma'iz ibn Malik (may Allah be pleased with him) said, and the Messenger (peace and blessings be upon him) said: So the people stoned him publicly and openly. And the drunkard would be brought to him, and he would order the people to beat him, the one with his hand, the one with a palm branch, the one with a sandal, and the one with a garment, so that it is public. Because if we say that the intended meaning is to deter this person and others, then if it is in his office or in his school or the like, this decreases for others. But the wording of the author indicates permissibility. Good. In the mosque, it is not permissible. In the mosque, it is not permissible, because the Prophet (peace and blessings be upon him) said in the mosque to the Bedouin who urinated in the mosque: Riyad as-Salihin 1695 or as he (peace and blessings be upon him) said. So the mosques are built for the remembrance of Allah and obedience, and not for establishing the hudud. Also, if the hadd is established against him in the mosque, perhaps harm will occur from him, or not? He will be terrified, and then a smell will occur, or something worse than that. And perhaps he will scream and say words that are not appropriate and do not befit the mosque. For this reason, the establishment of the hadd in the mosque is prohibited by evidence and reasoning.
And it is known from the author's statement "The imam establishes it" that intention is necessary. So if the imam becomes angry with a person over a matter that is not heinous and flogs him one hundred lashes, and he hears that the man is insulting the imam, he says, "This man who is insulting me, flog him one hundred lashes," and they flog him one hundred lashes. When they are finished with him, he tells them that he committed zina. Do these lashes count as the punishment for his zina? No, because intention is necessary. For this reason, he said "The imam establishes it," and the establishment must have an intention.
It is also obligatory for the imam to intend when establishing the hadd, or among the etiquettes is that he intends. He intends three things when establishing the hadd:
First: to comply with the command of Allah (Mighty and Majestic) in establishing the hudud, and he does not intend thereby to take revenge or seek retribution. He intends thereby to comply with the command of Allah the Exalted in establishing the hadd, because this is among the obligatory matters that Allah has made obligatory upon the servants, so he intends thereby to comply with the command of Allah.
Second: that he intends to repel corruption, because these sins are undoubtedly corruption, and Allah the Exalted did not command the establishment of hudud upon their perpetrators except to repel their corruption and the corruption of others that is expected if the hadd is not established against them.
The third thing: to reform the people, and among the people whom this criminal, upon whom the hadd is established, reforms is himself. So he intends to reform him and that Allah the Exalted will forgive him for what has passed.
These three matters must be on the mind of the one in authority: establishing the obligation of Allah, repelling corruption, and reforming the people. Many of the rulers, or I should say some of the rulers, intend only to take revenge, mere revenge against this person.
Now, do these three etiquettes apply to the teacher?
The questioner : Yes.
The Shaykh : The teacher, for example, if the student hits him with a ruler, do you know what a ruler is? If he hits him with a ruler, he intends thereby... the obligation of Allah. A ruler is a piece of wood; we call it a ruler from the word "to hit"... The important thing is that he intends thereby to repel corruption and to reform this student and others as well. But how is the establishment of the obligation of Allah? We might say that this is prescribed, and if we dare to call it an obligation, it is prescribed. Even if it is not that, as long as we said it is repelling corruption, and Allah the Exalted does not love corruption, it becomes prescribed for us to repel corruption by any means, is that not so? Good.
And the author's statement "The imam establishes it": the imam in every place is according to its context. When we speak about crimes and hudud and the like, the intended meaning of the imam is the one who has the highest authority in the state.
And when we speak in the chapter of congregation, the intended meaning of the imam is the imam of the prayer, the imam of the mosque. So the imam is the one who has the highest authority in the state, the one who manages the affairs of the state.
And his statement "Or his deputy": who is the deputy of the imam? The judge, the minister, the prince? This returns to custom. The deputy of the imam in these matters returns to custom. For example, if it is the custom of the imam to have the princes establish it on his behalf in executing the hudud, then the deputy of the imam is the prince. And if he has the sheikhs of the tribes establish it, then the one who acts on his behalf is the sheikh of the tribe. And if the judges act on his behalf, then the one who acts on his behalf is the judge, and so on. The important thing is that this returns to custom and the specific system, and this differs in every place according to its context.
"In a place other than a mosque": His statement "in a place other than a mosque," what does it include? Every place except the mosque. It is permissible to establish it in the house, according to the apparent wording of the author, or is it? The apparent wording of the author is yes, because he did not exclude anything except the mosque. He establishes it in the house, but on the condition that a group of believers is present. Is it permissible in the workplace, or is it? As if they were in an office and he established the hadd against him in the office? It is permissible, yes, but a group of believers must witness it.
Now, but the best and most preferable is that it be in a spacious place, meaning that everyone comes to it, yes, like the market and the gatherings of people and the like, so that it is public. For this reason, Ma'iz ibn Malik (may Allah be pleased with him) said, and the Messenger (peace and blessings be upon him) said: