Did Umar temporarily suspend the Hadd punishment?

farzhana · 12-23-2009, 03:52 PM

Bismillah.

Did Umar radi Allahu anhu temporarily suspend the Hadd punishment during the year of famine?

Can one of the instructors please clarify?

Jazak Allahu khayr.

IbnMasood · 12-24-2009, 10:06 AM

According to Sh. Abu Eesa, the story is legit.

Ah the barakah of facebook... lol.

farzhana · 12-24-2009, 07:23 PM

Quote:

Originally Posted by Shoebolt

According to Sh. Abu Eesa, the story is legit.

Ah the barakah of facebook... lol.

I know the incident is legit.

But what I understood from this incident was that Umar radi Allahu anhu did not suspend the Hadd punishment but rather he applied the principle of 'avoiding the hudud in the doubtful matters' because it became unclear as to who stole out of hunger and who stole for wordly gain.

Allahu 'alam.

Ali ibn AbiTalib · 12-27-2009, 11:21 AM

i wish an instructor whould answer this question... i really want the answer to it.

Sarah Mushtaq · 12-27-2009, 03:43 PM

From what I remember in class, yes he did... waAllahu'alim.
(and class was 4 years ago subhanAllah!)

Would 'temporarily suspending' be the same as "principle of 'avoiding the hudud in the doubtful matters' " in this situation?

Having a Shaykh clarify would be awesome.

Ali ibn AbiTalib · 12-27-2009, 04:56 PM

Quote:

Originally Posted by Sarah Mushtaq

From what I remember in class, yes he did... waAllahu'alim.
(and class was 4 years ago subhanAllah!)

Would 'temporarily suspending' be the same as "principle of 'avoiding the hudud in the doubtful matters' " in this situation?

Having a Shaykh clarify would be awesome.

yes, it would...

IbnMasood · 12-27-2009, 05:26 PM

Quote:

Originally Posted by Sarah Mushtaq

From what I remember in class, yes he did... waAllahu'alim.
(and class was 4 years ago subhanAllah!)

Would 'temporarily suspending' be the same as "principle of 'avoiding the hudud in the doubtful matters' " in this situation?

Having a Shaykh clarify would be awesome.

No I don't think they would be the same. And suspension of a hadd in such a situation can be supported by certain principles in usul-ul-fiqh such as istihsaan. As for the 'avoiding hudud in doubtful matters' I didn't come across such a principle in Kamali's book on Usul-ul-fiqh.

And to be honest that doesn't make sense. Because in a Shariah court we judge by what is apparent. So if it was proven that a person stole, he stole and committed a crime, whether it be due to malice or starvation. The intention matters more for the criminal on a personal level.

But yeah, I hope an instructor can clarify

Abu Eesa Niamatullah · 12-29-2009, 08:29 PM

Salams folks

Here you go:

http://alternativeentertainment.word...ear-of-famine/

IbnMasood · 12-29-2009, 08:35 PM

BarakAllahu feekum Sheikh! I see I also said something out of knowledge

Alhamdulillah

Ali ibn AbiTalib · 12-29-2009, 10:40 PM

jazakallah shaykh really needed it!

12-23-2009, 03:52 PM	#1
farzhana QShams Crew Member Join Date: Feb 2008 Location: Mad Mel's Londonistan Posts: 1,897	Did Umar temporarily suspend the Hadd punishment? Bismillah. Did Umar radi Allahu anhu temporarily suspend the Hadd punishment during the year of famine? Can one of the instructors please clarify? Jazak Allahu khayr.

12-24-2009, 10:06 AM	#2
IbnMasood Qabeelat Majd Join Date: Aug 2007 Location: Ontario, Canada Posts: 362	Re: Did Umar temporarily suspend the Hadd punishment? According to Sh. Abu Eesa, the story is legit. Ah the barakah of facebook... lol.

12-27-2009, 11:21 AM	#4
Ali ibn AbiTalib Qabeelat Majd Join Date: Nov 2009 Location: Toronto, Ontario Posts: 391	Re: Did Umar temporarily suspend the Hadd punishment? i wish an instructor whould answer this question... i really want the answer to it. __________________ From Darkness to Light Sometime in November Qabeelat Majd\|Tribe of Glory

12-27-2009, 03:43 PM	#5
Sarah Mushtaq Ameerah, Qabeelat Ittihaad - Windsor Join Date: Sep 2005 Location: Banu Wa'd : بنو وعد Posts: 3,669	Re: Did Umar temporarily suspend the Hadd punishment? From what I remember in class, yes he did... waAllahu'alim. (and class was 4 years ago subhanAllah!) Would 'temporarily suspending' be the same as "principle of 'avoiding the hudud in the doubtful matters' " in this situation? Having a Shaykh clarify would be awesome. __________________ I Got It Covered, Do You? "The Believer is Grateful When Given, and Patient When Denied." - TEJ, '10 "The Best Hiba AlWahhab gave us is living with His Names ." - VoS, '10

12-29-2009, 08:29 PM	#8
Abu Eesa Niamatullah Instructor, AlMaghrib Institute Join Date: Jul 2009 Location: Wherever someone will give me shelter Posts: 105	Re: Did Umar temporarily suspend the Hadd punishment? Salams folks Here you go: http://alternativeentertainment.word...ear-of-famine/

12-29-2009, 08:35 PM	#9
IbnMasood Qabeelat Majd Join Date: Aug 2007 Location: Ontario, Canada Posts: 362	Re: Did Umar temporarily suspend the Hadd punishment? BarakAllahu feekum Sheikh! I see I also said something out of knowledge Alhamdulillah

12-29-2009, 10:40 PM	#10
Ali ibn AbiTalib Qabeelat Majd Join Date: Nov 2009 Location: Toronto, Ontario Posts: 391	Re: Did Umar temporarily suspend the Hadd punishment? jazakallah shaykh really needed it! __________________ From Darkness to Light Sometime in November Qabeelat Majd\|Tribe of Glory

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