Who implements the ruling of punishments? Shaykh Salih ‘Ala Shaykh said: ‘Here is an issue connected to this hadeeth: if there is a country where there is no leader or Muslim ruler who can carry out that verdict, then is it allowed for any Muslim to carry out its ruling if one of these verdicts are established? The answer: No, as is the saying of the general people of knowledge. They make the condition for carrying out rulings which are connected to the allowance of spilling blood, wealth and honour, or things similar to this, that it is only for the leader, and if there is no leader then it is not allowed for anyone to carry it out.’ He continues: ‘That he is in a country where there is no-one who can carry out the rulings of Allaah –Jala wa ‘Uulaa – then it is not allowed to carry out the rulings of capital punishment, because this is for the Muslim leader. The Prophet -sallAllaahu alayhi wa sallam- was in Makkah and the Companions were in some countries where the Sharia’ was not established, however, they did not carry out capital punishment, likewise the scholars were in some countries, like they were in the lands of the al-Ubaydeeyah and those similar to them, and the scholars did not carry out punishments of death and those type of punishments similar to it.’ [Taken from ‘Sharh al-Arbaeen an-Nawawi’ - Shaykh Salih ‘Ala Shaykh] Posted with Permission from Abbas Abu Yahya hafidhahullah, check his blog @ followingthesunnah.wordpress/
Posted on: Mon, 07 Jul 2014 09:33:50 +0000
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