Why did we use the statement of Allah the Exalted, “And let not compassion for them prevent you from carrying out the laws of Allah,” as evidence for the severity of the flogging in the hadd for zina compared to other hadd punishments?
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The questioner : We used the statement of Allah the Exalted [An-Nur 24:2] as evidence for the severity of the flogging specifically regarding the hadd for zina, whereas the verse that follows it, also concerning zina, [An-Nur 24:2], we used as evidence for the general rule that a group must be present for the execution of hadd punishments. Why did we specify the first verse for zina alone, and not for other hadd punishments, in the matter of the severity of the flogging?
The Shaykh : As for the matter of the presence of a group when hadd punishments are carried out, we did not take this from the verse directly, but rather through analogical reasoning (qiyas). Since the purpose is deterrence, if the punishment is carried out in a place where no one is present, there is no deterrence. How can people be deterred from something they have not seen or witnessed? It is derived from the wisdom behind the implementation of hadd punishments.
do not be taken by pity for them in the religion of Allah
ولا تأخذكم بهما رأفة في دين اللهAnd let a group of the believers witness their punishment.
وليشهد عذابهما طائفة من المؤمنينThe Shaykh : As for the matter of the presence of a group when hadd punishments are carried out, we did not take this from the verse directly, but rather through analogical reasoning (qiyas). Since the purpose is deterrence, if the punishment is carried out in a place where no one is present, there is no deterrence. How can people be deterred from something they have not seen or witnessed? It is derived from the wisdom behind the implementation of hadd punishments.