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5

Yes, but on a case-by-case basis. From the long hadith narrated on the authority of 'Abdullah ibn Buraida, the Prophet ﷺ delayed the stoning of a woman from Ghāmid till after her child had weaned: قَالَ: إِمَّا لاَ فَاذْهَبِي حَتَّى تَلِدِي.‏ فَلَمَّا وَلَدَتْ أَتَتْهُ بِالصَّبِيِّ فِي خِرْقَةٍ قَالَتْ هَذَا قَدْ وَلَدْتُهُ.‏ قَالَ: ‏ اذْهَبِي ...


4

Here the basical references al-Muwatta' 1, 2, 3, 4 sunan abi Dawod, jami' at-Tirmidhi 1, 2 and sahih Muslim. The ruling among scholars is what ever makes ghusl necessary (because of marital intercourse or a wet dream) makes the punishment (for adultery) necessary. Ibn Abi Zayd al-Qayrawani said in his Risala: Legal Consequences of vaginal penetration Ghusl ...


3

The burden of proof for hirābah is not a matter that has a difference of opinions among scholars. Proof can be established through: Al-Iqrār (Arabic: الإقرار): Confession by the person committing hirābah, or Al-Bayyinah (Arabic: البينة): The testimony of two witnesses provided certain conditions are met. The conditions for the witnesses are that they: Be ...


1

One of the conditions for applying the Hadd punishment is that the perpetrator must be accountable, it does not apply to a child below the age of puberty. رفع القلم عن ثلاثة عن النائم حتى يستيقظ وعن الصبي حتى يحتلم وعن المجنون حتى يعقل The pen has been lifted from three: a sleeper till he awakes, a boy till he reaches puberty, and a lunatic till he ...


1

If the burden of proof is not met or there's a doubt (even in case of an adulterer who in first place admitted his crime, but then retracted his statement or in case of a drunk when the only evidence is the odour of alcohol) then the accused Person must be released. Let's take a detailed example: In case of Theft The qadi still has the option of ta'azir ...


1

This is an open and shut case: "We were with the Prophet (ﷺ) [in a gathering] and he said: 'Pledge to me that you will not associate [anything as] partners with Allah, and that you will not steal nor commit adultery.' He recited to them the Ayah. (And he said:)'Whoever among you dies, then this reward is with Allah, and whoever among you does some of this ...


1

No there are only hadd punishment for what goes against one of the five fundamental goals of shari'a مقاصد الشريعة which are (I'll quote example cases where the punishment may apply for each of them): The preservation of ... - Religion / Faith (din الدين) like the case of an apostate that attacks Islam - Life (nafs النفس) like somebody who kills an ...


1

Killing of a slave is haram. Their blood is sacred like any other muslim or dhimmi and can not be shed without a legal right. If one kills his own slave, then there will not be any Qisas. That is because the owner is both the murderer and the guardian\heir. Being the latter he has the responsibility and right to take Qisas yet he can not take revenge from ...


1

I would like to say that the above incidents are not honor killings; rather, they are part of the shareeah of Islam ("the law of the land"). In the incidents (hadeeth) quoted in your question, the Islamic authority (the ruler or his representative; in this case, the Messenger(SAWS) himself) executed an injunction of the shareeah, so these cannot be ...


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