If we say that the judge is the one who enforces the hudud (fixed Qur'anic punishments), does this not contradict what we have established, namely that the hudud are not enforced by anyone but the imam?
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The questioner : If we say, O Shaykh, that the judge is the one who enforces the hudud, is this not usurping the authority of the imam? Should we not say that the hudud are not enforced by anyone but the imam?
The Shaykh : Yes, the hudud that belong to Allah, such as zina (unlawful sexual intercourse), are for the imam. The hudud that belong to humans, such as qadhf (falsely accusing someone of zina), are for the human.
The questioner : Do you mean that this judge cannot rule between two people regarding zina?
The Shaykh : No, he has no authority to rule on the establishment or negation of zina.
The questioner : We say this regarding some of the hudud.
The Shaykh : Regarding the hudud of sexual intercourse, he means the category of sexual intercourse, which includes a single instance, yes.
The Shaykh : Yes, the hudud that belong to Allah, such as zina (unlawful sexual intercourse), are for the imam. The hudud that belong to humans, such as qadhf (falsely accusing someone of zina), are for the human.
The questioner : Do you mean that this judge cannot rule between two people regarding zina?
The Shaykh : No, he has no authority to rule on the establishment or negation of zina.
The questioner : We say this regarding some of the hudud.
The Shaykh : Regarding the hudud of sexual intercourse, he means the category of sexual intercourse, which includes a single instance, yes.