Implementation of Hudood and Ta’zirat in the Mosque
It is permissible to make a judgment in the mosque. And if the punishment or penalty is minor, it is also possible in the mosque. Otherwise, it is necessary to take the offender outside the mosque for this. Accordingly, in this regard, one can argue from the hadith of the Ansari companion Hazrat Mu’adh Aslami. In fact, Imam Bukhari, may Allah have mercy on him, has used this as evidence. In it, when the crime was confessed and the investigation was completed, the Prophet Muhammad, peace be upon him, said:
اذهبوا به فارجموه
“Take him outside and stone him (to death).”
And the narrator of a hadith related to this incident is Hazrat Jabir, may Allah be pleased with him, who said:
كنت فيمن رجمه بالمصلى
“I was also among those who stoned him near the Eidgah.”
And at the end of this hadith in Sahih Bukhari, in the “Book of Hudood, Chapter on Stoning in the Prayer Place,” these words are also present:
فقال له النبى صلى الله عليه وسلم خيرا وصلى عليه
“After the stoning, the Prophet Muhammad, peace be upon him, spoke well of him and performed his funeral prayer.”
The order to stone near the Eidgah, and indeed its implementation, indicates that the enforcement of hudood (Islamic punishments) is outside the mosque. Imam Bukhari has used the words اذهبوا به فارجموه to argue this point. And in the “Book of Ahkaam” he has titled the chapter as follows:
باب من حكم فى المسجد حتى إذا أتى على أحد أمر أن يخرج من المسجد فيقام
“The statement of the person who judged in the mosque, and when it was time to enforce the hudood or punishment, he ordered that the offender be taken outside the mosque and the hudood be enforced (or punishment be carried out) on him.”
An objection can be raised to Imam Bukhari’s inference and argument that this was a case of stoning, which is a very severe punishment. There was a clear concern that the mosque might be affected by the offender’s blood, etc. Therefore, the Prophet, peace be upon him, ordered that he be taken outside the mosque. Similarly, digging a pit for stoning is necessary, which is not suitable inside the mosque. But this does not mean that because the Prophet, peace be upon him, ordered this person to be stoned outside the mosque, it necessarily follows that the enforcement of other hudood should not take place inside the mosque.
However, as is well known, the profound jurisprudence of the Chief of the Muhaddithin, Imam Bukhari, may Allah have mercy on him, is evident in the chapters of Sahih Bukhari. And this point is absolutely correct. He has provided proof in this matter by establishing the chapter based on the prophetic words ( اذهبوا به فارجموه ). To preemptively resolve the objection and difficulty mentioned, he has also included, in the chapter’s introduction, the narrations of two rightly guided caliphs, Hazrat Umar Farooq and Hazrat Ali, may Allah be pleased with them, which strengthen the argument. Thus, in Sahih Bukhari, it is narrated with a commentary and also transmitted in the works of Abdul Razzaq and Ibn Abi Shaybah, through Tariq bin Shahab:
أتي عمر بن الخطاب رضى الله عنه برجل فى حد فقال: اخرجاه من المسجد ثم أضرباه
A man was brought to Hazrat Umar Farooq, may Allah be pleased with him, on whom the hudood punishment was to be enforced. He said: Take him outside the mosque and enforce the hudood on him.
The commentator of Bukhari has declared the chain of this narration authentic according to the conditions of Imam Bukhari and Muslim. While the other narration is narrated with a disclaimer of weakness and criticism by Imam Bukhari, and is transmitted in Ibn Abi Shaybah and Abdul Razzaq. It is narrated through Ibn Muqil, may Allah have mercy on him, as follows:
إن رجلا جاء إلى على رضى الله عنه فساره فقال: يا قمبر! أخرجه من المسجد فأقم عليه
A man came to Hazrat Ali, may Allah be pleased with him, and whispered something in his ear. He said: O Qambar! Take him outside the mosque and enforce the hudood (i.e., Islamic punishment) on him.
However, there is a narrator in its chain about whom some criticism has been made. Imam Bukhari, may Allah have mercy on him, has hinted at this weakness through his style of narration and writing. But this weakness is strengthened by the first narration from Umar and the marfu’ hadith from the Prophet, peace be upon him. Based on this hadith and these narrations, the jurists (i.e., the Hanafis), Imam Shafi’i, Ahmad ibn Hanbal, and Ishaq ibn Rahwayah, may Allah have mercy on them, have said that no one should be punished with hudood inside the mosque. However, Imam Shu’bi, may Allah have mercy on him, and Ibn Abi Layla, may Allah have mercy on him, have permitted it. Imam Malik, may Allah have mercy on him, said in this regard:
لا بأس بالضرب بالسياط اليسيرة فإذا كثرت الحدود فليكن ذلك خارج المسجد
“If the punishment is a few lashes, there is no harm. But if the number of lashes for enforcing hudood is large, then it should be outside the mosque.”
Imam Malik’s opinion is quite moderate. However, Ibn Battal, may Allah have mercy on him, said that the opinion that it should be outside the mosque is the preferable one. And in this matter, even if the discussion is not about permissible or impermissible, it is certainly about preferable and less preferable. As for the hadiths that explicitly prohibit the enforcement of hudood inside the mosque, some of their chains are weak, some good, and some authentic. For example, in Abu Dawood, Darqutni, Musnad Ahmad, Ibn Abi Shaybah’s Musannaf, Mustadrak Hakim, Ibn al-Sakan, and Bayhaqi, it is narrated marfu’ from Hazrat Hakim bin Hizam, may Allah be pleased with him:
لا تقام الحدود فى المساجد ولا يستقاد فيها
“Do not enforce hudood (punishments) in the mosques, nor take Qisas (retribution) in them.”
Hafiz Ibn Hajar, may Allah have mercy on him, said about the chain of this narration in Talkhees al-Habeer:
لا بأس بأمناده
“There is no significant objection to its chain.”
But in Bulugh al-Maram
, its chain is declared weak. Sheikh al-Albani, may Allah have mercy on him, graded it as Hasan.
Similarly, another hadith narrated marfu’ from Hazrat Ibn Abbas, may Allah be pleased with both, is found in Tirmidhi, Ibn Majah, Darimi, Darqutni, and Bayhaqi:
لا تقام الحدود فى المساجد
“Hudood (punishments) will not be enforced in the mosques.”
But in its chain, one narrator Ismail bin Muslim Makki had a weak memory.
However, many other narrators have followed it, which makes it reliable.
And a third narration on the same topic is found in Ibn Abi Shaybah as Mursal and Makhool, and in Al-Khilafiyat of Bayhaqi as Makhool from Hazrat Abu Darda, may Allah be pleased with him, Wa’ilah, may Allah be pleased with him, and Abu Umamah, may Allah be pleased with him, and in Musannaf Abdul Razzaq and Kabir al-Tabarani from Hazrat Wa’ilah, may Allah be pleased with him, marfu’:
جنبوا مساجدكم.. إقامة حدودكم
“Avoid enforcing hudood in your mosques.”
This narration mentions some other matters besides this issue. Its original narration in Sunan Ibn Majah is only from Hazrat Wathilah, may Allah be pleased with him. It mentions other matters, but according to Hafiz Ibn Hajar, may Allah have mercy on him, it does not mention hudood and punishments at all. This undermines the authenticity of the narration in Al-Khilafiyat. However, in the manuscript before us, these words are also present. Even if these words appear in Ibn Majah, it does not establish anything because the chain of Ibn Majah is very weak.
Similarly, in Ibn Majah, there is another marfu’ hadith narrated from Hazrat Ibn Umar, may Allah be pleased with both, which states:
خصال لا تنبغي فى المسجد ولا يتخذ طريقا
“Some matters are not permissible in the mosque, such as making the mosque a thoroughfare.”
And further mentions other traits and matters, among which is:
ولا يضرب فيها حد
“And no one should be flogged with punishment lashes in the mosque.”
But its chain has also been declared weak by the Muhaddithin.
In Musnad Bazzar and Kabir al-Tabarani, there is a similar marfu’ narration from Hazrat Jubair bin Mut’im, may Allah be pleased with him, whose chain includes a narrator Waqidi, who is a well-known narrator with issues.
A narration from Amr bin Shu’ayb from his father from his grandfather is also marfu’, but its chain includes the well-known narrator Ibn Lahi’ah.
However, due to other evidences, some senior Muhaddithin have graded it as Hasan.
In short, Hafiz Ibn Hajar Asqalani, may Allah have mercy on him, and especially Imam Shawkani, may Allah have mercy on him, incline towards the view that hudood and ta’zir punishments should not be enforced inside mosques, and it is better that these punishments be carried out outside the mosque.
