The Meaning of the Hadith: "Avert the hudud (fixed punishments) by means of shubhah (doubt)"

Question:
The first message in this episode is from one of our brother listeners in Dammam, named Faisal Bu Bashit. Our brother Faisal says: In Musnad Abu Hanifah by al-Harithi, there is a hadith narrated by Abdullah ibn Abbas from the Messenger of Allah (peace and blessings be upon him): I hope you would be kind enough to explain this hadith? May Allah reward you with good.

Answer:
In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, and may Allah send prayers and blessings upon the Messenger of Allah, and upon his family and his Companions, and upon those who follow his guidance. As for what follows:
Several hadiths have come in this chapter, and there is discussion regarding their chains of narration, but they support one another. Among them is the hadith mentioned by the questioner: In the other wording: The meaning is that it is obligatory for the authorities, including judges, scholars, and rulers, to avert the hudud (fixed punishments) by means of shubhah (doubt) that causes uncertainty regarding the establishment of the hadd (fixed punishment). If the hadd is not established before the judge with clear proof free from any shubhah (doubt), then he does not implement it and is content with what deters from the crime from the types of ta'zir (discretionary punishment). The obligatory hadd, such as stoning for the married adulterer, or one hundred lashes and one year of exile for the unmarried adulterer, or cutting off the hand for theft, is not implemented unless it is established with certainty free from shubhah (doubt) and doubt. This is by two just witnesses with no shubhah (doubt) regarding them in matters related to theft, and by four just witnesses in matters related to the hadd of zina (unlawful sexual intercourse), and so on for the remaining hudud. It is obligatory for the authorities to pay attention to this and to avert the hadd by means of shubhah (doubt) that causes suspicion and uncertainty regarding its establishment.
Among such cases is when the one against whom the hadd is sought to be implemented claims coercion, or when a woman claims that she was coerced into zina (unlawful sexual intercourse) and that she did not do it voluntarily, but rather the adulterer forced her and wronged her. This is a shubhah (doubt) by which the hadd is averted. Likewise, if the one who drinks intoxicants claims what causes shubhah (doubt) regarding the implementation of the hadd against him... and so on. The judge looks into it and reflects. If the shubhah (doubt) is removed, he implements the hadd. If the shubhah (doubt) becomes strong, it provides a basis for averting the hadd. Yes.

The presenter: May Allah reward you with good.