Early version. Transcripts and tags are labelled by accuracy tier. A position is shown only after two independent reviews have found it in his own words.
Research › Fiqh and daily practice › Public law and governance
Hudud and punishments
20 answers in 13 recordings, 2017 to 2021. 10 with a checked position in his own words.
Indexed so far: 259 of 1,859 recordings (1,904 answers, 2014 to 2025). Anything below may change as the rest are indexed. Limits of the data
Thought Evolution
2017answers checked positions2021
Oldest first. A checked position shows what he holds, then the sentence he says, word for word from the transcript, with its moment. Years without one list the answers that have not been checked yet. Recordings not yet indexed may hold more.
Mufti Abu Layth says that in his understanding the hudud would today be substituted, by demand of the Sharia, with penalties relevant to the age such as custodial sentences.
“in my understanding in this day and age the ha dude would be substituted by demand of the sharia so they would not be things like in my understanding definitely not things like stoning”
Mufti Abu Layth says the report slanders the Prophet, since calling a woman a fornicator is qadhf punishable under the Quran and, for the Malikis, regardless of intention, and the Prophet was never obscene and would not have labelled women this way to deter them.
“this is the Prophet would never ever have said something like this this is a slander against the honor of the Prophet sallallahu alayhi wa sallam right that he would speak about women in such a way”
Mufti Abu Layth says that where classical scholars prescribed capital punishment they were addressing what would today be treason or rebellion in a very different world, that those rulings do not apply today, and that the whole world doing the same then does not make them right.
“any of these rulings today clearly do not apply many of these scholars have said today”
Mufti Abu Layth says there is no sahih hadith in which the Prophet spoke about homosexuals, that he does not believe the reports of Ali ordering executions to be authentic, and that the claim of a consensus that anyone who commits homosexual acts deserves death is false, since the jurists disagreed and the Hanafis held it is not a hadd.
“now people have started to say that there is ijma that these people have anybody who commits homosexuality deserves death this is what they're saying that is nonsense that is nonsense”
Mufti Abu Layth says the overwhelming majority of scholars held homosexual acts to be haram and he accepts that they are haram, while saying that the punishments scholars assigned varied between places and changed over time, that the people of Lut were destroyed primarily for rejecting their prophet, and that the ruling does not require hatred.
“most outright majority did say it's haram some did disagree so just being honest and being objective and transparent majority accepted it haram and we accept it's haram”
Mufti Abu Layth says that this is unfortunately the state of Muslims and why they are a laughing stock.
“you would see the fire but you're just blowing into cold ashes this is the state of Muslims unfortunately you know so this is why we are a laughing stock”
Mufti Abu Layth says children are still accountable in their own way, commensurate with being a child, so the laws for them are more relaxed and less stringent than for adults.
“they would still be accountable in their own way you understand so naturally the laws pertaining to children would be more relaxed and more less stringent than they would to adults”
Mufti Abu Layth says a qadi's judgement would be not unlike how the courts work in England today, and that is how the Sharia would work, more or less.
“yes he would take into consideration the circumstances it would be very it would be not different from how the courts work let's say in england today that would be how the sharia would work i mean more or less”
How many of these answers cite each (guest speech left out). Cited means named as evidence or discussed, not necessarily accepted: open the answers to see which.