Text copied Link copied

Al-Fatawa – home

﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

Scholar
Search mode

Explanation of the Hadith: “Repel the hudud (fixed punishments) by means of shubhah (doubt)”

Machine translationRead the Arabic original
Question:
In Musnad Abu Hanifah by al-Harithi, there is a hadith narrated by Abdullah ibn Abbas from the Messenger of Allah (peace and blessings be upon him):
Ward off the hudud (fixed Qur'anic punishments) by means of shubhah (a doubtful matter)ادرؤوا الحدود بالشبهات
I hope you will be kind enough to explain this hadith? May Allah reward you with good.

Answer:
Praise be to Allah. Several hadiths have come in this chapter, and there is discussion regarding their chains of narration, but they support one another. Among them is the hadith mentioned by the questioner:
Ward off the hudud (fixed Qur'anic punishments) by means of shubhah (a doubtful matter)ادرؤوا الحدود بالشبهات
And in the other:
Avert the legal penalties from the Muslims as much as possibleادرؤوا الحدود عن المسلمين ما استطعتم
Jami` at-Tirmidhi 1424Da'if (Darussalam)
.
The meaning is that it is obligatory for the authorities, namely the scholars and the rulers, to repel the hudud (fixed punishments) by means of shubhah (doubt) that causes uncertainty regarding the establishment of the hadd (fixed punishment). If the hadd is not established before the judge with clear proof free from any shubhah (doubt), then he does not implement it. He is content with what deters from the crime from the types of ta'zir (discretionary punishment). The obligatory hadd, such as stoning for the married adulterer, or one hundred lashes for the unmarried adulterer, or cutting off the hand for the thief, is not implemented except after it is established with certainty free from shubhah (doubt) and doubt. This is by two just witnesses free from shubhah (doubt) in matters of theft, and by four just witnesses in matters of the hadd for zina (unlawful sexual intercourse), and so on for the remaining hudud (fixed punishments).
Therefore, it is obligatory for the authorities to pay attention to this and to repel the hadd (fixed punishment) by means of shubhah (doubt) that causes suspicion and uncertainty regarding its establishment.
Source binbaz.org.sa

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

Similar fatwas