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Old 12-23-2009, 03:52 PM   #1
farzhana
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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.
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Old 12-24-2009, 10:06 AM   #2
IbnMasood
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Re: Did Umar temporarily suspend the Hadd punishment?

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

Ah the barakah of facebook... lol.
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Old 12-24-2009, 07:23 PM   #3
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Re: Did Umar temporarily suspend the Hadd punishment?

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.

Last edited by farzhana; 12-25-2009 at 08:31 AM. Reason: Spelling
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Old 12-27-2009, 11:21 AM   #4
Ali ibn AbiTalib
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Re: Did Umar temporarily suspend the Hadd punishment?

i wish an instructor whould answer this question... i really want the answer to it.
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Old 12-27-2009, 03:43 PM   #5
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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.
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Old 12-27-2009, 04:56 PM   #6
Ali ibn AbiTalib
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Re: Did Umar temporarily suspend the Hadd punishment?

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...
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Old 12-27-2009, 05:26 PM   #7
IbnMasood
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Re: Did Umar temporarily suspend the Hadd punishment?

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
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Old 12-29-2009, 08:29 PM   #8
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Re: Did Umar temporarily suspend the Hadd punishment?

Salams folks

Here you go:

http://alternativeentertainment.word...ear-of-famine/
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Old 12-29-2009, 08:35 PM   #9
IbnMasood
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Re: Did Umar temporarily suspend the Hadd punishment?

BarakAllahu feekum Sheikh! I see I also said something out of knowledge Alhamdulillah
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Old 12-29-2009, 10:40 PM   #10
Ali ibn AbiTalib
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Re: Did Umar temporarily suspend the Hadd punishment?

jazakallah shaykh really needed it!
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