Home > Ahlehadees/Salafi., Ahmed Ibn Taymiyyah (Rahimahullah), Al Walaa wal Baraa, Apostasy, Jihad, Muslim world and Rulers., Refutations, Sayings and Actions of Salaf as Saalih, Scholars > Is hadd punishment for apostasy or similar crimes to be implemented only by the sultan (ruler) or his deputy? Sh. Ibn Taymiyyah

Is hadd punishment for apostasy or similar crimes to be implemented only by the sultan (ruler) or his deputy? Sh. Ibn Taymiyyah

 

Regarding the query that hudood punishment can only be carried out by the ruler or his deputy. Then Shaikh al Islam Ibn Taymiyyah [rahimahullah] said:

 

1 – The master may carry out the hadd punishment on his slave, based on the evidence that the Prophet (peace and blessings of Allaah be upon him) said:

“Carry out the hadd punishments on those whom your right hands possess.”

[Narrated by Ahmad (736) and others; classed as hasan by al-Arna’oot because of corroborating evidence. Al-Albaani was inclined to the view that these are the words of ‘Ali, as stated in al-Irwa’ (2325).]

 

And he (peace and blessings of Allaah be upon him) said:

“If the slave woman of one of you commits zina, let him carry out the hadd punishment on her.”

[Narrated by Abu Dawood (4470); there is a similar report in al-Saheehayn.]

 

I do not know of anyone among the fuqaha’ of hadeeth who disagreed with the view that he should carry out hadd punishments on her, such as the hadd punishments for zina, slander and drinking; there is no difference of opinion among the Muslims concerning the fact that he may carry out disciplinary punishments (ta’zeer) on him. But they differed as to whether he may carry out punishments of execution or amputation on him, such as executing him for apostasy or for reviling the Prophet (peace and blessings of Allaah be upon him), or cutting off his hand for stealing.

 

Two reports were narrated from Imam Ahmad concerning this. The first says that it is permissible, which is the view narrated from al-Shaafa’i, and the second says that it is not permissible, like one of the two views of the companions of al-Shaafa’i. This is also the view of Maalik. And it was narrated in a saheeh report from Ibn ‘Umar that he cut off the hand of a slave of his who stole, and it is narrated in a saheeh report from Hafsah that she executed a slave woman of hers who admitted to practising witchcraft, and that was based on the opinion of Ibn ‘Umar. So the hadeeth is evidence for those who say that it is permissible for the master to carry out the hadd punishment on his slave on the basis of his knowledge, in all cases.

 

 

2 – The most that can be said about that is that he [one acting without the permission of ruler] is transgressing the position of the ruler, and the ruler may pardon the one who carried out a hadd punishment that must be carried out without referring the matter to him.

 

3 – Although this was a hadd punishment, it also comes under the heading of killing a harbi (a non-Muslim in a state of war against Islam), and it is permissible for anyone to kill a harbi.

 

4 – Similar things happened at the time of the Messenger of Allaah (peace and blessings of Allaah be upon him), such as:

#the hypocrite who was killed by ‘Umar without the permission of the Prophet (peace and blessings of Allaah be upon him), when the hypocrite did not agree with the ruling of the Prophet (peace and blessings of Allaah be upon him). Then Qur’aan was revealed approving ‘Umar’s action.

 

# And there was the daughter of Marwaan who was killed by that man, and the Prophet (peace and blessings of Allaah be upon him) called him the supporter of Allaah and His Messenger.

That is because the one whose execution becomes necessary because of his plot to corrupt the religion is not like one who is executed because of his sin of zina and the like.

End quote from al-Saarim al-Maslool (285-286).

Taken from: Islamqa

 

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  1. August 13, 2015 at 10:57 am

    many people are watching this video, its on Apostasy in Islam – clarifying many misconceptions. Take a look!https://www.youtube.com/watch?v=yJNrHv9RCD0

    Like

    • August 13, 2015 at 6:44 pm

      Sorry. Your view is not from the manhaj of Salaf as Salih. Apostasy carried death penalty in Islam.

      Like

      • August 17, 2015 at 10:57 am

        Death penalty is only when treason betrayal is committed! who ever leaves Islam, its a sin upon him/her, and its up to Allah to punish him! The video is excellent, you should watch to remove your misconceptions! they have cited the Quran and sahih Hadith! what else will you ask for!

        Like

      • August 18, 2015 at 5:34 am

        Should I show you clear evidence that leaving Islam by a person dictates death penalty?

        Just for your convenience, here is one.

        The Prophet (peace and blessings of Allaah be upon him):

        “Whoever changes his religion, execute him.”

        (Narrated by al-Bukhaari, 2794).

        Like

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