سنن ابي داود
Abu Dawud
كتاب الحدودPrescribed Punishments (Kitab Al-Hudud)
باب الْعَفْوِ عَنِ الْحُدُودِ، مَا لَمْ تَبْلُغِ السُّلْطَانَChapter: Pardoning in cases of hadd (punishment) that do not reach the sultan.
Hadith 4376
اُردوEn
حَدَّثَنَا سُلَيْمَانُ بْنُ دَاوُدَ الْمَهْرِيُّ ، أَخْبَرَنَا ابْنُ وَهْبٍ ، قَالَ : سَمِعْتُ ابْنَ جُرَيْجٍ يُحَدِّثُ ، عَنْ عَمْرِو بْنِ شُعَيْبٍ ، عَنْ أَبِيهِ ، عَنْ عَبْدِ اللَّهِ بْنِ عَمْرِو بْنِ الْعَاصِ ، أَنّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ : " تَعَافُّوا الْحُدُودَ فِيمَا بَيْنَكُمْ فَمَا بَلَغَنِي مِنْ حَدٍّ فَقَدْ وَجَبَ " .
Narrated Abdullah ibn Amr ibn al-As: The Prophet ﷺ said: Forgive the infliction of prescribed penalties among yourselves, for any prescribed penalty of which I hear must be carried out.
Related hadith on this topic
Explanation & Benefits
Shaykh Umar Farooq Saeedi
Benefits and Issues:
➊
This narration is weak in its chain of transmission; however, due to supporting evidences in meaning, this hadith reaches the level of hasan, as our esteemed researcher has expressed in his investigation.
See the referencing and authentication of this hadith.
➋
It is absolutely impermissible for the judge or ruler to show any procrastination in the implementation of the prescribed Islamic punishments (hudud).
➌
It is not obligatory upon the criminal himself or the witnesses who saw him to bring the matter to the judge.
If the matter is concealable and pardonable, then, based on the trust that the perpetrator will be cautious in the future, it can be overlooked.
➊
This narration is weak in its chain of transmission; however, due to supporting evidences in meaning, this hadith reaches the level of hasan, as our esteemed researcher has expressed in his investigation.
See the referencing and authentication of this hadith.
➋
It is absolutely impermissible for the judge or ruler to show any procrastination in the implementation of the prescribed Islamic punishments (hudud).
➌
It is not obligatory upon the criminal himself or the witnesses who saw him to bring the matter to the judge.
If the matter is concealable and pardonable, then, based on the trust that the perpetrator will be cautious in the future, it can be overlooked.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 4376
Hafiz Muhammad Ameen
The commentator of the book has declared both of the aforementioned narrations to be weak in chain due to the tadlis (concealment of the transmitter’s source) of Ibn Jurayj, whereas other scholars have stated that these narrations are authentic based on supporting evidences (shawahid). In "Silsilah al-Ahadith al-Sahihah," Shaykh al-Albani rahimahullah has mentioned the narration of Ibn Mas'ud radi Allahu anhu, which carries the same meaning. See: (Silsilat al-Ahadith al-Sahihah, Hadith: 1638). Therefore, the preferred opinion is that these narrations are valid for use as evidence. And Allah knows best.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 4890
