“Watering down” the fixed punishments in Islam, Imam Muhammad Ibn Abdul Rahman (the teacher of al-Marghinani) as a case study📖 [d.546AH]
#ModernistScholars
#ModernistScholars
“And from the good things about the divine law which covers all the fixed punishments is that all of them can be waived. He ﷺ said: (Waive the fixed punishments with doubts) and they are waived with the slightest doubt..
The ruler is to ask the accused where he committed the crime, how he did it and when he did it. If there is a possible doubt which arises from the accused’s response to these three questions the fixed punishment is immediately waived.
And the preferable thing to do is for the witnesses to not report what they saw but instead choose to cover and not bear testimony. If they retract their testimony then the punishment is waived.
A detail: When God almighty legislated punishment in this worldly realm he loved pardoning. And most of the legal issues pertaining to fixed punishments are built upon waiving and dropping the punishment.”
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