What is the ruling on carrying out the hudud (fixed Qur'anic punishments) on a young boy who committed the act of the people of Lut?
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The Shaykh : They should take knowledge from them and not be partisan for one person over another, because partisanship is the disease of Muslims today!
The questioner: Peace be upon you.
The Shaykh : And upon you be peace and the mercy of Allah.
The questioner : We apologize, Shaykh, the connection was cut.
The Shaykh : May it be good, if Allah wills. I say that it is not permissible to carry out the hudud (fixed Qur'anic punishments) on this boy for two reasons: first, the one who carried out the punishment committed a violation of the Shari'ah (Islamic sacred law), and second, for two reasons: the first is that he had not reached the age of legal responsibility, as you said.
The questioner : In most cases, when he was found doing this act, some signs of puberty had appeared on him.
The Shaykh : I do not know; I am not a judge now. I am speaking based on what you told me. If he had not reached the age of legal responsibility, then it is not permissible to carry out the hudud (fixed Qur'anic punishments) on him. If he had reached the age of legal responsibility and you were certain that the rulings of the Shari'ah (Islamic sacred law) applied to him, then the other reason applies, which is that carrying out the hudud (fixed Qur'anic punishments) is not for individuals, even if they are a father or a brother. Carrying out the hudud (fixed Qur'anic punishments) is for the Muslim ruler. It is not an excuse here to say that the hudud (fixed Qur'anic punishments) are not carried out in some Islamic countries, because this excuse is, as they say, uglier than a sin. If the door is opened for individuals other than rulers to carry out the hudud (fixed Qur'anic punishments) on those who deserve them, it will lead to the spread of corruption on earth. Many people do not submit to the application of the rulings of the Shari'ah (Islamic sacred law) by individuals. The greatest proof of this is that enjoining good and forbidding evil, which is not tied to the ruler, is often rejected by people who respond to the one enjoining good and forbidding evil by saying, "What is your business? We are free," and so on, and fighting and fitnah (trial, discord or temptation) begin between the two groups. For this other reason, it is not permissible to carry out the hudud (fixed Qur'anic punishments) on this sodomite, if he had reached the age of legal responsibility. If he had not reached it, that is another sin. Finally, I say that the treatment of this boy's illness should not be by cutting him off. Rather, his family should gather around him, advise him, and continue to follow up with him through awareness, advice, and gentleness, because that is what may benefit him. Cutting him off may only increase his misguidance upon misguidance, and the restraint may be released, causing him to run away from his father's house and increase in open sinfulness and lewdness, with his family being the cause because they treated him with such harshness. This is all I have, and we ask Allah for his guidance.
The questioner: I want to tell you, Shaykh: this young man once had a dream that he was circumambulating the Ka'bah in the opposite direction, against the correct direction, and then suddenly he turned back and started in the correct direction. Also, he saw on one day that he was walking in the rain in the company of some shaykhs (scholars or teachers), meaning in the company of Ibn Baz and Ibn Uthaymeen, and I do not know who else was with them. Then suddenly the voice of the Messenger of Allah (peace and blessings be upon him) appeared, saying to them: "I have interceded for this young man!"
The Shaykh : In any case, if Allah wills, it is good for him, but the important thing is not to rely too much on dreams, but rather on the visual reality seen by those around him, and they are the ones who must take care of his upbringing. This is all I have, and peace be upon you.
The questioner: Peace be upon you and Allah's mercy.
The questioner: Peace be upon you.
The Shaykh : And upon you be peace and the mercy of Allah.
The questioner : We apologize, Shaykh, the connection was cut.
The Shaykh : May it be good, if Allah wills. I say that it is not permissible to carry out the hudud (fixed Qur'anic punishments) on this boy for two reasons: first, the one who carried out the punishment committed a violation of the Shari'ah (Islamic sacred law), and second, for two reasons: the first is that he had not reached the age of legal responsibility, as you said.
The questioner : In most cases, when he was found doing this act, some signs of puberty had appeared on him.
The Shaykh : I do not know; I am not a judge now. I am speaking based on what you told me. If he had not reached the age of legal responsibility, then it is not permissible to carry out the hudud (fixed Qur'anic punishments) on him. If he had reached the age of legal responsibility and you were certain that the rulings of the Shari'ah (Islamic sacred law) applied to him, then the other reason applies, which is that carrying out the hudud (fixed Qur'anic punishments) is not for individuals, even if they are a father or a brother. Carrying out the hudud (fixed Qur'anic punishments) is for the Muslim ruler. It is not an excuse here to say that the hudud (fixed Qur'anic punishments) are not carried out in some Islamic countries, because this excuse is, as they say, uglier than a sin. If the door is opened for individuals other than rulers to carry out the hudud (fixed Qur'anic punishments) on those who deserve them, it will lead to the spread of corruption on earth. Many people do not submit to the application of the rulings of the Shari'ah (Islamic sacred law) by individuals. The greatest proof of this is that enjoining good and forbidding evil, which is not tied to the ruler, is often rejected by people who respond to the one enjoining good and forbidding evil by saying, "What is your business? We are free," and so on, and fighting and fitnah (trial, discord or temptation) begin between the two groups. For this other reason, it is not permissible to carry out the hudud (fixed Qur'anic punishments) on this sodomite, if he had reached the age of legal responsibility. If he had not reached it, that is another sin. Finally, I say that the treatment of this boy's illness should not be by cutting him off. Rather, his family should gather around him, advise him, and continue to follow up with him through awareness, advice, and gentleness, because that is what may benefit him. Cutting him off may only increase his misguidance upon misguidance, and the restraint may be released, causing him to run away from his father's house and increase in open sinfulness and lewdness, with his family being the cause because they treated him with such harshness. This is all I have, and we ask Allah for his guidance.
The questioner: I want to tell you, Shaykh: this young man once had a dream that he was circumambulating the Ka'bah in the opposite direction, against the correct direction, and then suddenly he turned back and started in the correct direction. Also, he saw on one day that he was walking in the rain in the company of some shaykhs (scholars or teachers), meaning in the company of Ibn Baz and Ibn Uthaymeen, and I do not know who else was with them. Then suddenly the voice of the Messenger of Allah (peace and blessings be upon him) appeared, saying to them: "I have interceded for this young man!"
The Shaykh : In any case, if Allah wills, it is good for him, but the important thing is not to rely too much on dreams, but rather on the visual reality seen by those around him, and they are the ones who must take care of his upbringing. This is all I have, and peace be upon you.
The questioner: Peace be upon you and Allah's mercy.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.