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Hudud and punishments

20 segments in 13 recordings · 2017 to 2021 · 0 verified · 10 checked positions · fiqh/public-law-and-governance/hudud-and-punishments · Feed

Most recent statement · 6 Apr 2021Does Mufti Abu Layth have any scholarly precedent for his views?Older segments link here so no earlier explanation is read as the last word.

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Latest answer · 6 Apr 2021

6 Apr 2021Monday Nights with Mufti Abu Layth LatestDoes Mufti Abu Layth have any scholarly precedent for his views? His views have respected precedents: al-Burzuli, a Maliki Shaykh al-Islam, held that punishments change with the age, and the subcontinent scholars he quotes were Ahl al-Hadith, not heretics. Not every untrue statement is a sin punished with hell. Lessonguest speechal-Burzuli [?]punishments change with the ageIbn AshurAbdul Karim Athari [?] machine3 min 50 s3:10:56on YouTube

Earlier answers · 19 · newest first

2021 · 5

6 Apr 2021Monday Nights with Mufti Abu Layth Was the murdered man in the story of the cow brought back to life? The verse of the heifer does not say the dead man was revived; like 'in retaliation there is life', it refers to lives saved when a ritual of justice averted tribal war. Lessonguest speechQuran 2:73 (thus Allah gives life to the dead)Quran 2:179 (in retaliation there is life for you)qisas (retaliation)al-Burzuli [?] machine2 min 57 s3:33:04on YouTube
16 Feb 2021Monday Nights with Mufti Abu Layth Are children held accountable in Islam for bullying or hurting others? Children are accountable, he says, in a way suited to their age: the laws for them are lighter, but a child who harms another does not get a free pass. Question from live chatposition checkedImam Malikshahadat al-sibyan (testimony of children) machine1 min 49 s2:38:10on YouTube
16 Feb 2021Monday Nights with Mufti Abu Layth Does an Islamic judge always give the maximum punishment for theft? Mufti Abu Layth says a qadi would weigh the circumstances, much as courts in England do today, and that this is how the Sharia would work; the hudud would be different now. Question from live chatposition checkedqadi (judge)hududthe hudud change with the agetrajectory hermeneutics machine1 min 58 s2:39:59on YouTube
9 Feb 2021Monday Nights with Mufti Abu Layth Clips: three critics' videos attacking Shabir Ally Mufti Abu Layth plays and mocks videos in which three critics attack Shabir Ally's views, including his view on hudud. Otherguest speechDr Shabir AllyAli ibn Abi Talibreport: if the deen were by opinion the bottom of the khuff would deserve wiping more than the tophudud (prescribed punishments) machine11 min 43 s2:48:08on YouTube
9 Feb 2021Monday Nights with Mufti Abu Layth Did Maliki scholars really allow fines instead of hudud punishments? Mufti Abu Layth says the Maliki fatwa allowing punishment through wealth was the work of a major scholar and was practised as law for centuries, not a forgotten opinion. Lessonposition checkedal-Burzuli [?]Mayyara [?]Ibn Lubaba [?]the hudud change with the age machine10 min 26 s3:05:51on YouTube

2020 · 9

14 Jul 2020live stream Was Sudan right to drop its alcohol and apostasy laws and end flogging? Mufti Abu Layth welcomes Sudan's reforms: flogging today only damages Islam's message, FGM should be outlawed, and alcohol was never prohibited for non-Muslims. Lessonposition checkedSudan's legal reforms (2020)female genital mutilationalcohol (khamr)Ibn Ashur machine2 min 28 s2:08:00on YouTube
26 Jun 2020MindTrap with Mufti Abu Layth Can hadith be sifted with criteria, or must the whole corpus be rejected? Mufti Abu Layth says the Prophet's practice survives as a living tradition in fiqh and that he accepts a hadith only if it passes reason, the texts and the principles. The guest replies that narrators who fabricated a stoning verse forfeit all credibility, like a false witness in the Quran. Discussionguest speechEdip Yuksela hadith must not contradict reason, the transmitted texts or the established principlesThe deen reaches us through continuous living practiceQuran 24:4 (those who accuse chaste women without four witnesses) machine3 min 53 s48:57on YouTube
26 Jun 2020MindTrap with Mufti Abu Layth How does the guest translate the verses on cutting off the thief's hand, jizya and polygamy? The guest's translation renders the thief's punishment as cutting off the means, the tax on non-Muslims as war reparations, sa'ihat as women active in society, and polygamy as permitted only for widows with orphans in exigent circumstances. Discussionquoted view, not his positionguest speechEdip YukselQuran 5:38 (the thief, cut off their hands)jizyasa'ihat machine3 min 58 s2:12:32on YouTube
19 Jun 2020MindTrap with Mufti Abu Layth Was there ever a verse of stoning in the Quran, and does stoning still apply? The guest says Umar's 'verse of rajm' refers to the muharaba verse 5:33, from which exemplary punishment including stoning derives, and that it still applies to extreme crimes under strict conditions. Mufti Abu Layth holds that the Prophet only condoned stoning from Jewish practice until the lashing verse, and that under Maliki scholars like al-Burzuli the hudud change with the age. Question from live chatguest speechDr Shehzad Saleem (guest)rajm (stoning)Hamiduddin FarahiQuran 5:33 (the muharaba verse) machine5 min 14 s1:31:11on YouTube
19 Jun 2020MindTrap with Mufti Abu Layth Was Ibn Mas'ud's Quran different from the Quran we have? No: the guest says the reports that Ibn Mas'ud rejected al-Fatiha or the last two surahs are wrongly ascribed to him, and the major companions vouched for the same Quran, the only traceable dispute being over the word 'qul'. Mufti Abu Layth also says he would not advocate cutting the hand today, since for him the hudud have already changed with the age. Question from live chatguest speechDr Shehzad Saleem (guest)Ibn Mas'udUbayy ibn Ka'bIbn Abbas machine3 min 57 s1:37:31on YouTube
1 Jun 2020video Should a person accused of magic be killed? Mufti Abu Layth says calls to kill the 'magician' show the sorry state of Muslims and why they are a laughing stock. Discussionposition checkedsihr (magic) machine1 min 40 s8:54on YouTube
22 Apr 2020MindTrap with Mufti Abu Layth Does the Quran prescribe stoning for adultery? The Quran's penalty for adultery is flogging, not stoning, which the guest says entered Muslim law from hadith and is biblical in origin, so explaining Islam to the public must start from the Quran. Mufti Abu Layth says he agrees completely that the Quran must have primacy. Discussionguest speechDr Shabir Ally (guest)hudud (prescribed punishments)zinaThe Quran takes precedence over an isolated hadith machine5 min 14 s7:38on YouTube
22 Apr 2020MindTrap with Mufti Abu Layth Can hudud punishments such as stoning or hand-cutting change with the times? Mufti Abu Layth holds that stoning was a pre-Quranic practice abrogated by the Quran and that the Sharia's punishments reflect their age, as Maliki scholars and the Ottomans applied. The guest agrees that the spirit of the law can require departing from its letter, as Umar did when he suspended hand-cutting in a famine. Discussionguest speechDr Shabir Ally (guest)Sahih Muslimreport: some jews came to the prophet and asked to be judged by the booknaskh (abrogation) machine6 min 33 s18:08on YouTube
19 Apr 2020MindTrap with Mufti Abu Layth Did Abu Hanifa hold that there is no hadd punishment for sodomy? The guest says Abu Hanifa held there is no hadd for sodomy, that Salafis attack Hanafis for it, and that a Salafi mufti used the same view to shield one of their own scholars. Discussionquoted view, not his positionguest speechShaykh Kashif Khan (guest)Abu HanifaIbn QudamaIbn Hazm machine4 min 43 s2:28:54on YouTube

2018 · 4

20 Dec 2018From the Mind of a Mufti Does Islam say homosexuals should be thrown off buildings or executed? There is no sahih hadith in which the Prophet spoke about homosexuals, the reports of Ali ordering executions are not authentic in Mufti Abu Layth's view, and the early jurists disagreed, with the Hanafis holding it is not a hadd offence. The claim of a consensus that homosexual acts deserve death is false. Lessonposition checkedreport: whoever does the action of the people of lut (unresolved; Abu Dawud, number not stated)report: ali said execute them chop the head off throw them off a cliff burn them (unresolved; five differing narrations)Sunan Abi DawudAli ibn Abi Talib machine7 min 56 s0:00on YouTube
20 Dec 2018From the Mind of a Mufti Is homosexuality haram in Islam, and why were the people of Lut destroyed? Mufti Abu Layth accepts the majority view that homosexual acts are haram, but says the punishments scholars assigned were variable public-order measures that changed over time, that the people of Lut were destroyed primarily for rejecting their prophet, and that the ruling does not require hatred of homosexual people. Lessonposition checkedIbn HazmTawq al-HamamaImam Malikal-Mudawwana machine4 min 50 s18:27on YouTube
10 May 2018Ponderings on the Holy Quran Why did some classical scholars rule that apostates be executed? Where classical scholars ruled that apostates be executed, they were dealing with what would now be treason or armed rebellion in a very different world; those rulings do not apply today, and their prevalence then did not make them right. Lessonposition checkedShaykh Abdullah bin BayyahHamza YusufSina'at al-Fatwa [?] (Abdullah bin Bayyah)Mahmud Shaltut machine3 min 57 s7:52on YouTube
4 May 2018Clarifying False Hadith Which Insult Islam Would the Prophet really call a woman wearing perfume a fornicator? No: Mufti Abu Layth says calling a woman a fornicator is the crime of qadhf under Quran 24:4, punished by the Malikis whatever the intention, and the Prophet was never obscene, so the report insults him. Lessonposition checkedQuran 24:4 (those who accuse chaste women without four witnesses)Quran 68:4 (you are of a great character) [?]report: ayyuma imraatin istatarat fa marrat ala qawmin li yajidu rihaha fa hiya zaniyareport: lam yakun al-nabi fahishan wa la sabbaban wa la laanan (Anas, in al-Bukhari, number not stated) machine9 min 15 s10:32on YouTube

2017 · 1

14 Sep 2017From the Mind of a Mufti Can Islamic punishments like stoning and cutting off hands change with time? Yes, in his understanding: the Sharia itself asks for punishments fitting the age, so today they would be replaced by penalties such as prison, following Maliki and other precedents. Question source not recordedposition checkedhudud (prescribed punishments)the hudud change with the agetrajectory hermeneuticsmaqasid al-shari'ah [?] machine5 min 03 s0:00on YouTube