What is the ruling on one who says that discretionary punishment in the streets is a means of driving people away from the religion?
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The questioner : Some people say, if we were to apply discretionary punishment in the streets, for example... and the people of the hisbah (market inspectors) would drive people away from the religion. Is this correct?
The Shaykh : By Allah, this depends on the public interest, because this deters corruption and things are set right. The person who is driven away from the religion by the discipline of the one in authority means that he has no religion.
The questioner : Some of the ignorant people, because most of the people today are ignorant, unfortunately.
The Shaykh : By Allah, I see that the students of knowledge should always direct people, on every occasion, to the fact that these discretionary punishments and the fixed punishments that the Lawgiver has ordered are a mercy for creation. It is reported in a hadith, though it is weak, that and there is no doubt that this is correct, meaning that establishing the fixed punishments is the execution of the obligation of Allah, as 'Umar (may Allah be pleased with him) said regarding stoning: "so that they go astray by leaving an obligation that Allah has revealed" meaning they alert people to this.
The questioner : This discretionary punishment is not beneficial...
The Shaykh : It does not contradict [the ruling]. We advise him the first time, but as the Shaykh al-Islam said regarding killing the drinker of intoxicants on the fourth offense: "if the people do not stop without killing, they should be killed". They used to do this at first, but things deteriorated a bit. They used to check on people at the Fajr prayer, and if someone did not attend, and then 'Asr came and he entered the market, they would take his shemagh (headscarf) and let him walk bald-headed in the market. This was considered very severe in the past. Yes, and you would find him putting the mashlah (shawl) on his head and running to his house in order to put on the shemagh. Yes, and it is narrated that some of the brothers who check on the congregation would start with the merchants whose shemaghs were nice and new. If they were present, he would say to the others... they do not attend because their shemaghs are bad, perhaps he will not take them!
The questioner : He takes it for him, or...
The Shaykh : He takes it for him. And for this reason, the brothers who check on the congregation strive with great effort. Yes.
The Shaykh : By Allah, this depends on the public interest, because this deters corruption and things are set right. The person who is driven away from the religion by the discipline of the one in authority means that he has no religion.
The questioner : Some of the ignorant people, because most of the people today are ignorant, unfortunately.
The Shaykh : By Allah, I see that the students of knowledge should always direct people, on every occasion, to the fact that these discretionary punishments and the fixed punishments that the Lawgiver has ordered are a mercy for creation. It is reported in a hadith, though it is weak, that
Establishing one fixed punishment is better than being rained upon for forty mornings.
إقامة حد واحد خير من أن يمطروا أربعين صباحاًThe questioner : This discretionary punishment is not beneficial...
The Shaykh : It does not contradict [the ruling]. We advise him the first time, but as the Shaykh al-Islam said regarding killing the drinker of intoxicants on the fourth offense: "if the people do not stop without killing, they should be killed". They used to do this at first, but things deteriorated a bit. They used to check on people at the Fajr prayer, and if someone did not attend, and then 'Asr came and he entered the market, they would take his shemagh (headscarf) and let him walk bald-headed in the market. This was considered very severe in the past. Yes, and you would find him putting the mashlah (shawl) on his head and running to his house in order to put on the shemagh. Yes, and it is narrated that some of the brothers who check on the congregation would start with the merchants whose shemaghs were nice and new. If they were present, he would say to the others... they do not attend because their shemaghs are bad, perhaps he will not take them!
The questioner : He takes it for him, or...
The Shaykh : He takes it for him. And for this reason, the brothers who check on the congregation strive with great effort. Yes.