Explanation of the author's statement: "And executing bequests, marrying off a woman who has no guardian, establishing the hudud (fixed Qur'anic punishments), and leading the Jumu'ah (Friday prayer) and the 'Id (festival) prayers"
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The Shaykh : Sixthly, "and executing bequests". What are bequests, O Muhammad?
The questioner : ... .
The Shaykh : Executing bequests means that a person bequeaths, for example, ten thousand after his death to build a mosque. Who looks into the execution? The judge, unless there is a specific executor. The specific executor is the one who looks into it. The author said, "executing bequests and marrying off a woman who has no guardian". Marrying off a woman who has no guardian, or who has a guardian who is not qualified for guardianship. An example of the first is a woman who has only her maternal uncles and maternal brothers; she has no full brothers, no paternal brothers, no paternal uncles, and no paternal cousins. She has only her maternal uncles, her mother's brothers, and her maternal brothers. Who marries her off? The judge. Why? Because she has no guardian, or her guardian is not qualified. For instance, she may have an uncle or a brother, but he does not pray. The one who does not pray is not qualified to marry her off because he is a disbeliever, and a disbeliever has no guardianship over a Muslim. So, the one who marries off a woman who has no guardian is the judge, whether the guardian is absent, or not qualified, or not qualified. Now, seventhly or eighthly.
The questioner : Eighthly.
The Shaykh : Eighthly, "establishing the hudud (fixed Qur'anic punishments)". This means that the one who takes charge of establishing the hudud is the ruler, the lawful ruler. He is the one who establishes the hadd (fixed punishment), because the Prophet (peace and blessings be upon him) was the one who established the hadd, and sometimes he delegated it, as he said to Anas:Musannaf Abd al-Razzaq 17:2307 Here, it is permissible for the judge to delegate someone to establish the hadd on his behalf. What are the hudud? What are the hudud? They are punishments prescribed by the Shari'ah (Islamic sacred law) for a sin, to prevent falling into such sins and to expiate for their perpetrator. Zina (unlawful sexual intercourse)?
The questioner : A hadd.
The Shaykh : What is the hadd for zina? Zina means the hadd for zina, the hadd for qadhf (falsely accusing someone of zina), the hadd for sariqah (theft), and what else? Khamr (intoxicants) is a punishment and not a hadd?
The questioner : The hadd for hirabah (armed robbery and brigandage).
The Shaykh : The hadd for hirabah (armed robbery and brigandage).
The questioner : Killing.
The Shaykh : Killing. Qisas (retaliation in kind). What is the hadd for qisas? It is not a hadd.
The questioner : Qadhf (falsely accusing someone of zina).
The Shaykh : We mentioned it. Now, the important point is that if we take the criterion, every punishment prescribed by the Shari'ah for a sin is a hadd. The one who establishes the hudud is the judge. Now, he says, establishing the hudud, "leading the Jumu'ah (Friday prayer) and the 'Id (festival) prayers". This means that he also takes charge of leading the Jumu'ah and the 'Id prayers, unless they have a specific imam. In that case, their imam is more entitled to lead than anyone else. But if they do not have an imam, the one addressed regarding leading the Jumu'ah and the 'Id prayers is the judge. And if there are multiple congregations, he delegates. If there are multiple congregations, he delegates.
The questioner : ... .
The Shaykh : Executing bequests means that a person bequeaths, for example, ten thousand after his death to build a mosque. Who looks into the execution? The judge, unless there is a specific executor. The specific executor is the one who looks into it. The author said, "executing bequests and marrying off a woman who has no guardian". Marrying off a woman who has no guardian, or who has a guardian who is not qualified for guardianship. An example of the first is a woman who has only her maternal uncles and maternal brothers; she has no full brothers, no paternal brothers, no paternal uncles, and no paternal cousins. She has only her maternal uncles, her mother's brothers, and her maternal brothers. Who marries her off? The judge. Why? Because she has no guardian, or her guardian is not qualified. For instance, she may have an uncle or a brother, but he does not pray. The one who does not pray is not qualified to marry her off because he is a disbeliever, and a disbeliever has no guardianship over a Muslim. So, the one who marries off a woman who has no guardian is the judge, whether the guardian is absent, or not qualified, or not qualified. Now, seventhly or eighthly.
The questioner : Eighthly.
The Shaykh : Eighthly, "establishing the hudud (fixed Qur'anic punishments)". This means that the one who takes charge of establishing the hudud is the ruler, the lawful ruler. He is the one who establishes the hadd (fixed punishment), because the Prophet (peace and blessings be upon him) was the one who established the hadd, and sometimes he delegated it, as he said to Anas:
Go, O Anas, to the woman of this man. If she confesses, stone her.
اغدوا يا أنيس لامرأة هذا فإن اعترفت فارجمهاThe questioner : A hadd.
The Shaykh : What is the hadd for zina? Zina means the hadd for zina, the hadd for qadhf (falsely accusing someone of zina), the hadd for sariqah (theft), and what else? Khamr (intoxicants) is a punishment and not a hadd?
The questioner : The hadd for hirabah (armed robbery and brigandage).
The Shaykh : The hadd for hirabah (armed robbery and brigandage).
The questioner : Killing.
The Shaykh : Killing. Qisas (retaliation in kind). What is the hadd for qisas? It is not a hadd.
The questioner : Qadhf (falsely accusing someone of zina).
The Shaykh : We mentioned it. Now, the important point is that if we take the criterion, every punishment prescribed by the Shari'ah for a sin is a hadd. The one who establishes the hudud is the judge. Now, he says, establishing the hudud, "leading the Jumu'ah (Friday prayer) and the 'Id (festival) prayers". This means that he also takes charge of leading the Jumu'ah and the 'Id prayers, unless they have a specific imam. In that case, their imam is more entitled to lead than anyone else. But if they do not have an imam, the one addressed regarding leading the Jumu'ah and the 'Id prayers is the judge. And if there are multiple congregations, he delegates. If there are multiple congregations, he delegates.