In the Name of Allah, the Most Gracious, the Ever Merciful…
The great senior scholar, Shaykh Saalih ibn Fowzaan al-Fowzaan (may Allah preserve him) stated: [1]
فيجب إقامة الحد على أصحاب هذه الجرائم، ولا يجوز لأحد كائنا من كان أن يعترض إقامة الحد، ويمنع إقامة الحد على المجرم، أو يعترض على ذلك بالقول، أو بالتنديد، أو بالكلام في الإنترنت، أو غيره، مما يفعله أهل النفاق، ويفعله أهل الشكوك والأوهام الذين لم يستقر الإيمان في قلوبهم.
It is obligatory to establish the Hadd [Islamically legislated] punishment upon people who commit these crimes, and it is not permissible for anyone, no matter who he is, to object to the establishment of the punishment, or to prevent the punishment from being applied to the guilty criminal, or to object to that in speech, or to denounce it, or by spreading speech on the internet, or any other way, as the people of hypocrisy do, and as the people of doubts and delusions do, those who have not had faith settle in their hearts.
بل يجب الفرح بإقامة الحدود لأنها تطهير للأرض قال صلى الله عليه وسلم
Instead, it is obligatory to be happy with the establishment of the Hudood punishments, as they purify the earth. He [the Prophet] said (may Allah raise his rank and grant him peace):
لحد يقام في الأرض خير لها من أن تمطر أربعين صباحا
“A single Hadd punishment established on earth is better for it than forty days of rain.” [2]
فالحدود رحمة من الله، فالله جل وعلا قال:
So Hudood punishments are a Mercy from Allah. Allah, the Majestic and Most High, has said:
(وَلا تَأْخُذْكُمْ بِهِمَا رَأْفَةٌ فِي دِينِ اللَّهِ)… (وَلْيَشْهَدْ عَذَابَهُمَا طَائِفَةٌ مِنْ الْمُؤْمِنِينَ)
“Do not let any compassion for them overtake you about the Deen (punishment) of Allah… And let their punishment be witnessed by a group of believers.” [3]
، فلا تجوز الرحمة بهم بل يجب الفرح بإقامة الحدود لأنها من مصلحة المجتمع وحماية الدين وحماية الأمن وحماية الأموال وحماية الأنفس ففيها مقومات الأمن فيها تأمين الطرق والمسافرين استتباب الأمن في البلاد حضرا وسفرا
So it is not permissible to have mercy on them, but rather happiness that the Hudood punishments are being applied is a must, because they are advantageous to the society, protection for the Religion, and preservation of safety, property, and well-being. With them in place, public safety is enhanced, and the roadways and the travelers are kept safe. The land will remain safe for residents and travelers alike.
فكيف يتلاوم بعض الناس على إقامة الحدود ويستعظمونها؟!
So how can some people blame [us] for the establishment of Hudood punishments and regard them as great offenses!?
وقد يقولون هذا ينافي الحرية هذا ينافي الديموقراطية هذا يشوه الإسلام أو ما أشبه ذلك من الكلمات التي يتلفظ بها
Maybe they would say that this goes against personal freedoms, or it clashes with democracy, or it misrepresents Islam, or similar claims, the likes of which are hard to even mention!
فعلى المسلم أن يقتنع بشرع الله ولا يعترض عليه ولا يترحم ولا يشفق على من وجبت عليه الحدود أن تقام عليه هذه ليست شفقة هذه إعانة للظلمة ورضا بما يصنعون فليست شفقة هذه ولا رحمة فالواجد أن يتنبه لذلك
A Muslim must be satisfied with the Legislation of Allah; he does not object to it, nor does he have mercy or sympathy for the whose who must have the Hudood punishments applied to them. This is not sympathy, rather it is aiding the oppressors and being pleased with what they do. It is not sympathy, nor is it mercy. Paying attention to this [point] is essential.
كانت امرأة في عهد النبي صلى الله عليه وسلم من بني مخزوم تستعير المتاع وتجحده فأمر النبي صلى الله عليه وسلم بقطع يدها فشق ذلك على قومها وأرادوا أن يكلموا الرسول صلى الله عليه وسلم أن يعفوا عنها
There was a woman from the Makhzoom Tribe in the time of the Prophet (may Allah raise his rank and grant him peace) who used to borrow things and then deny that she had them. So the Prophet (may Allah raise his rank and grant him peace) ordered that her hand be chopped off. [4] That was difficult for her people, and they wanted to talk to the Messenger (may Allah raise his rank and grant him peace), to request him to excuse her.
لكنهم هابوا الرسول صلى الله عليه وسلم ذهبوا إلى صاحب الرسول وحبه وابن حبه أسامة بن زيد رضي الله عنه فعرضوا عليه أن يشفع لها عند رسول الله صلى الله عليه وسلم ليترك إقامة الحد عليها
Yet, they were embarrassed to approach the Messenger (may Allah raise his rank and grant him peace), so they went to the Companion of the Messenger, his beloved one, the son of his beloved one, Usaamah ibn Zayd (may Allah be pleased with him), and requested him to intercede for her with the Messenger of Allah (may Allah raise his rank and grant him peace), so they he would not apply the Hadd punishment upon her.
فذهب أسامة إلى رسول الله صلى الله عليه وسلم كلمه في ذلك فغضب الرسول صلى الله عليه وسلم على أسامة فقال:
So Usaamah went to the Messenger of Allah (may Allah raise his rank and grant him peace) and spoke to him about that. The Messenger (may Allah raise his rank and grant him peace) became angry with Usaamah, and said:
أتشفع في حد من حدود الله؟! إنما أهلك من كان قبلكم أنهم إذا سرق فيهم الشريف تركوه وإذا سرق فيهم الضعيف أقاموا عليه الحد وأيم الله لو أن فاطمة بنت محمد سرقت لقطعت يدها ، هذا قوله صلى الله عليه وسلم
“Dare you intercede in one of the Hudood punishments of Allah?! The people before you were only punished because when a noble person stole, they would let him go, yet when a weak person [of low status] stole, they would establish the Hadd punishment upon him! I swear by Allah: If Faatimah, the daughter of Muhammad, stole, I would chop her hand off!” [5]
This was his statement (may Allah raise his rank and grant him peace)! [6]
FOOTNOTES:
[1] From a Friday khutbah dated 1434/05/03, as found on the shaykh’s website [here], and as found on our server [here].
[2] It was collected by Ibn Maajah and others, from the report of Aboo Hurayrah (may Allah be pleased with him). Al-Albaanee authenticated it, by way of its support from different routes of transmission in Silsilat al-Ahaadeeth as-Saheehah (231).
[3] Soorah an-Noor (24:2)
[4] The Hadd punishment in Islamic Law for theft, when certain strict conditions are met, and all excuses are cut off, is amputation of the right hand at the wrist. See: Quran [5:38]
[5] As narrated by ‘Aa’ishah (may Allah be pleased with her), in the authentic hadeeth collected by al-Bukhaaree (3475) and Muslim (1688).
[6] Translated by Moosaa Richardson (1440/09/21), who adds: As for those who stubbornly insist on defending convicted criminals, those judged by the Book of Allah, through due process in Sharee’ah court, to be a faasiq (disobedient person), whose testimony is rejected, I say: Be warned! This level of arrogance you persist in can actually take you outside of the fold of Islam! It is no light matter. May Allah guide you to understand the severity of the crime committed and the stance required from people who believe in the Quran!
I remember learning that the Hudood of Allaah are an expiation of sins for the criminal, for his punishment in this life saves him from the punishment in the afterlife. So this is a blessing Allaah has revealed.
Jazaakallaahu Khayrun for this translation.
Assalamu alaykum.
1) What does it mean by “testimony to be rejected”?
2) What is the ruling on saying the Qur’aan is music?
Wa ‘alayk as-salaamu wa rahmatullaah.
1) His testimony in important matters that would be heard in court is not acceptable.
2) That is not permissible, as the Quran is the Perfect and Majestic Speech of the Perfect and Majestic Lord and Creator, not a created thing. The Quran is not music, nor is it comparable to music. Subhaan Allah.
As-salaamu alaykum wa rahmatullaah. Moosaa what is a good english source to learn about the fiqh of jihad (specifically offensive jihad) so as to have proper understanding of it so when non Muslims ask questions regarding it there is no room for doubt?
Many university programs have at least one literature course. These courses often contain poems and stories with themes and elements of kufr and shirk. If we don’t take these tests we won’t get the degree. I feel uneasy about Muslim students owning these textbooks with words of kufr and shirk.
May Allah bless you for your concern! Voice your objection to the teacher, in a respectful way. You are a human being with freedom of speech.
The Prophet said, “Adam and Moses argued with each other. Moses said to Adam. ‘O Adam! You are our father who disappointed us and turned us out of Paradise.’ Then Adam said to him, ‘O Moses! Allah favored you with His talk (talked to you directly) and He wrote (the Torah) for you with His Own Hand. Do you blame me for action which Allah had written in my fate forty years before my creation?’ So Adam confuted Moses, Adam confuted Moses,” the Prophet added, repeating the Statement three times. Sahih Muslim 2652
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Some interpret this as to mean that he blamed
GodAllah for committing the sin. What is the correct interpretation for this?He used the Qadr to explain the trial he went through, not to excuse himself of blame. Remember it is mentioned in Quran (2:37) that Adam acknowledged his sin and repented. The scholars say it is not permissible to blame one’s sins on Qadr. And Allah knows best.
Assalaamu ‘Alaikum Moosaa, may Allaah bless you.
Is it correct to say that a Muslim who shaves his beard, or a women who refuses to wear a Hijaab, is a Faasiq?
Wa ‘alayk as-salaamu wa rahmatullaahi wa barakaatuh. Yes, Shaykh Ibn ‘Uthaymeen (رحمه الله) mentioned that a man who shaves his face is an example of a faasiq. (And the woman who goes out without hijaab is clearly more obscenely disobedient.) And Allah knows best.