any tilt toward injustice, therefore the ruler or his deputy must undertake its enforcement to guarantee fairness in its application—whether the ḥudūd concern the right of Allah, such as the penalty for fornication, or the right of a human being, such as the penalty for calumny.
Shaykh Taqī al-Dīn Ibn Taymiyyah (may Allah have mercy on him) said: “The ḥudūd that are not allocated to a particular group are called the ḥudūd or rights of Allah—such as those applied to highway robbers, thieves, fornicators, and the like—as well as rulings governing state funds, public endowments, and bequests that are not intended for a specific person. These matters are among the most crucial duties of public authority: rulers must investigate them and carry them out without waiting for anyone to file a claim; testimony may be accepted without a formal lawsuit, and they must be enforced upon both the noble and the lowly, the powerful and the weak….” End quote.
A ḥadd is not to be carried out inside a mosque; it must be performed outside. Ḥakīm ibn Ḥizām reported that “the Messenger of Allah ﷺ forbade seeking a lost item in the mosque, the recitation of poetry there, and the establishment of ḥudūd within it”—the poetry intended here being that which is improper.
Intercession aimed at annulling a ḥadd once the case has reached the ruler is forbidden, and it is equally forbidden for those in authority to accept such intercession. The Prophet ﷺ said, “Whoever’s intercession prevents the enforcement of one of Allah’s prescribed penalties has opposed Allah in that matter…”