Benefits and issue related to (the Book of legal punishments) from Muntaqaa Ibn Al-Jarood

بســـم اللــه الرحــمــن الـرحـــيــم

By our Shaykh, the 'Allaamah, the Trustworthy Advisor, Abu 'Abdirrahman Yahya bin 'Ali Al-Hajūri - may Allaah preserve him - 

*(The virtue of establishing the legal punishments)*

Imām Ibn Al-Jārūd may Allāh have mercy on him said Muhammad bin Yahya narrated to us, he said Bishr bin Abī Al-Azhar narrated to us in Baghdād, he said Ibn Al-Mubārak informed us, on the authority of Eēsā ibn Al-Yazeed on the authority of Jarīr bin Al-Yazeed that he heard Abā Zur'ah bin Amr bin Jarīr that he heard Abā Hurairah may Allāh be pleased with him saying the Messenger of Allāh said: "One legal punishment implemented on the earth is better than rain for 30 days."

▪️The chain of narration with the author has some weakness in it "except that it falls underneath many principles and it has shawāhid"

The hadiths meaning is correct and there is no rebuke in the text 

Muhammad bin Yahya: Abū Abdillah Adh-Dhuhalī An-Naisābūrī Al-Hāfidh 

Bishr bin Abī Al-Azhar: Faqeeh Thiqqah (trustworthy)

Abdullah bin Al-Mubārak: Sheikh Al-Islām, he used be on watchguard one year and perform Hajj the next year 

Eēsā bin Yazeed Al-Azraq a number of people reported from him but nobody considerable declared him thiqqah so he is accepted if followed up by, but if not he is weak. 

Jarīr bin Yazeed: Abū Zur'ah said "Shāmī his hadith are rejected. " 

and Abū Zur'ah bin Amr bin Jarīr is thiqqah. 

Dārqutnī said in Al-'Ilal "It was reported as being Marfoo' (raised to the Prophet) but it came Mawqoof (ending  at a Sahābi). "

The correct opinion is that it is Mawqoof and it is weak. 

🔹 It is called Al-Hudūd with this name because it is a blockade and prevention between a slave and disobediences.

Our Sheikh may Allāh preserve him said: "Establishing the legal punishments is an affair which brings about joy because it is an application of the legislation of Allāh ﷻ; whether it be on a close relative or non relative, and the legal punishments are justice on earth, the legal punishments have been legislated to admonish the people from embarking upon disobedience and trangressing the prohibitions of Allāh ﷻ, and it spreads security between individuals (in society), and gives stability, and the living becomes better, and in jāhiliyyah they used to have a bitter life, the strong would devour the weak and they used to be highway robbers."

*Benefit:* Shawkāni said in Nail Al-Awtār: "The hadith of Abī Hurairah may Allāh ﷻ be pleased with him has in encouragement in implementing the legal punishments and that by it the people prosper due to what is in it from implementation of the rulings of Allāh ﷻ and not being lenient to the disobedient and dettering them from violating the sacredness of the Muslims."

Our Shaykh said: "We ask Allāh to grant success to the Muslims especially those in position to implement the legal punishments as is currently in this blessed country (Saudi Arabia at that time) and praise is to Allāh ﷻ."

Al-Hudūd: Is the plural of Hadd

Al-Hadd: linguistically is prevention and legislatively an ordained punishment by the legislation for a specific sin to prevent from the likes of falling into it or the likes of another sin that has a prescribed punishment for it.

▪️It was called Al-Hudūd because it prevents reoccurence or due to it being ordained by the legislation so there is no increase or decrease in it.

Al-Hudūd can refer to the actual sin due to the statement of Allāh ﷻ: 

(وَمَن يَتَعَدَّ حُدُودَ اللَّهِ فَقَدْ ظَلَمَ نَفْسَهُ) 

"And whosoever transgresses the set limits of Allah, then indeed he has wronged himself." 

and it is referred to a fixed punishment.

The mentioning of the restriction of offenses that have a legal punishment. Al-Hāfidh said: "Some of the scholars restricted what was said to have an obligatory legal punishment to 17 things."

🔹*The legal punishments agreed upon:*

(1) Apostasy: Whoever changes his religion then kill him.

(2) The highway robber: As long as he does not repent before being seized.

(3) Fornication.

(4) False Accusation: Of Fornication 

(5) Drinking alcohol, whether it intoxicates or not.

(6) Stealing 

🔹 *And there are legal punishments in which the scholars differed concerning like:*

(7) Refusing to return borrowed goods.

(8) Drinking from what plenty of intoxicates other than alcohol.

(9) False accusing for other than fornication.

(10) Suggesting a false accusation.

(11) Sodomy even if it is with someone who is allowed for you to have marital relations with like ones wife.

(12) Magic. 

(13) Beastiality.

(14) Lesbianism 

(15) A woman having relations with monkeys and other than them.

(16) Breaking the fast during Ramadhān.

(17) Abandoning the praying from laziness.

And these some of them are agreed upon and some of them there is difference of opinion it requires further detail.

_____________

Transcribed to Arabic and summarised by:

By Hamood Ath-Thawaabi

- may Allah reward him with good -

on the 17th, Sha'bān, 1439H

Translated by: 

Abu 'Abdillah 'Omar bin Yahya Al-'Akawi

Share: