We mentioned that disagreement is a reason for not carrying out the hudud (fixed Qur'anic punishments) because it constitutes a shubhah (a doubtful matter), but we also said that the reasoning based on disagreement is defective. How is that?
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The questioner : We mentioned that disagreement is a reason for not carrying out the hudud (fixed Qur'anic punishments).
The Shaykh : Because disagreement is a shubhah (a doubtful matter). I tell you, because disagreement is a shubhah (a doubtful matter).
The questioner : Yes, and the principle states that reasoning based on disagreement is defective. So how is it?
The Shaykh : No, no, my brother, reasoning based on disagreement applies to establishing rulings, not to lifting punishments. That is, sometimes we say that something is disliked (makruh) in order to avoid disagreement.
The questioner : ... .
The Shaykh : No, no, because this is the application of a punishment. As long as the scholars differ on this matter, they consider it a shubhah (a doubtful matter). We are not now reasoning for the obligation of something or establishing a ruling, but rather we are dropping a punishment because we have not verified that it is established or that its basis is established.
The Shaykh : Because disagreement is a shubhah (a doubtful matter). I tell you, because disagreement is a shubhah (a doubtful matter).
The questioner : Yes, and the principle states that reasoning based on disagreement is defective. So how is it?
The Shaykh : No, no, my brother, reasoning based on disagreement applies to establishing rulings, not to lifting punishments. That is, sometimes we say that something is disliked (makruh) in order to avoid disagreement.
The questioner : ... .
The Shaykh : No, no, because this is the application of a punishment. As long as the scholars differ on this matter, they consider it a shubhah (a doubtful matter). We are not now reasoning for the obligation of something or establishing a ruling, but rather we are dropping a punishment because we have not verified that it is established or that its basis is established.