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Can Hudud/Sharia Punishments Be Changed With Time?
Mufti Abu Layth (a British Pakistani Mufti based in Birmingham) has very similar stances of Javed Ahmed Ghamidi on almost every subject (ie subject of Hijab, Dajjal, Second Coming of Isa (AS)…etc). He has quite an interesting take on applying the Hudud/Sharia punishments (which are even mentioned in the Quran like flogging for fornication, cutting the hands of thieves) in this day and age. He says trajectory hermeneutics would change as the ethics of people change, so those punishments can be replaced with other forms of punishments more appropriate and suitable for this day and age, like monetary fine or imprisonment. He mentioned that a classical Maliki scholar named Abul Qassim Al Burjuli had this same view and in his area the rulers substituted the Hudud with financial penalties, there was debate in front of the Tunisian King between Al Burjuli and another Maliki scholar and the king adopted Al Burjuli’s view. More about that in his videos:
- Can Hudood Punishments change? Mufti Abu Layth & Shaykh Akram Nadwi
- How Sharia punishments can change with the age – Mufti Abu Layth Al-Maliki
- What is Trajectory Hermeneutics? – Mufti Abu Layth Al-Maliki
What is the understanding of Javed Ahmed Ghamidi sahab on this? Can the Hudud punishments be replaced with other forms of punishments as the Mufti says, or is the Mufti wrong on this?
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Can Hudud/Sharia Punishments Be Changed With Time?
updated 2 months, 1 week ago
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Shariah punishments are fixed and permanent; they cannot be abrogated or altered. They represent the most severe penalties and are imposed only on those who deserve no concession. If a person is entitled to leniency, a lesser punishment may be applied instead. These punishments apply only to conscious, accountable Muslims. They are divine punishments prescribed by God, meant to make offenders taste His punishment because they have violated their covenant of obedience to Him.
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