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Requirement For State To Give Hudud
Where is it mentioned that a Muslim state is the one who can meet out hudud only?
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Requirement For State To Give Hudud
updated 4 years, 1 month ago
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Please see this for details or refer to the videos provided at the end:
Following is the summary of the matter:
It should remain in consideration at the outset that the directive which contains these punishments is addressed to the Muslims in their collective capacity and not in their individual capacity. This is an obvious fact. For this very reason, the surahs in which these punishments are mentioned were revealed in Madinah where a Muslim state had already been established under the rule of the Prophet (sws). Consequently, a group of persons who is not at the helm of affairs of a country has no right to administer these punishments. In the ‘urf (usage) of the Quran, the words فَاجْلِدُوْا (flog [the criminal]) and فَاقْطَعُوْا (amputate [the hands of the criminal]) of these verses are addressed to the rulers of the Muslims; no one else can be regarded as their addressee. AbuBakr al-Jassas writes in his Ahkam al-Quran:
وقد علم من قرع سمعه هذا الخطاب من أهل العلم ان المخاطبين بذلك هم الائمة دون عامة الناس فكان تقديره : فليقطع الائمة والحكام ايديهما وليجلدهما الائمة و الحكام
“Any learned person who comes across these words, immediately understands that the rulers of an Islamic State are its addressees and not the common Muslims. Consequently, the implied words, for example, are: “the rulers should amputate their hands,” and “the rulers should flog them.”[1]
(Excerpt from Meezan: Javed Ahmed Ghamidi)
(Translated by Dr. Shehzad Saleem)
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[1]. Al-Jassas,Ahkam al-Qur’an,vol. 3, 283.
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