203 – On the authority of Ḥakīm ibn Ḥizām, may Allah be pleased with him, who said: The Messenger of Allah ﷺ declared, “The fixed legal punishments are not to be carried out in mosques, nor is retributive retaliation (qiṣāṣ) to be exacted there.” Reported by Aḥmad and Abū Dāwūd with a weak chain (1).
Grade of the ḥadith:
This report is ḥasan due to corroborating evidence. The compiler states in at-Talkhīṣ, “There is nothing objectionable in its chain,” and al-Suyūṭī judged it sound in al-Jāmiʿ aṣ-Ṣaghīr. The second clause is included in the first, and the first clause is supported by the ḥadith of Ibn ʿAbbās recorded by al-Ḥākim, so the ḥadith is robust.
Vocabulary:
• “Lā tuqām” – from iqāmah: they are not to be executed or enforced.
• “Al-ḥudūd” (fixed legal punishments): the sanctions that Allah has prescribed; their detailed definition will appear in its proper chapter, Allah willing.
• “Lā yustaqād” – from qāda, qawdan; al-qawd (with two fatḥahs) means qiṣāṣ (retributive retaliation).
Al-Lisān remarks: al-qawd is qiṣāṣ, i.e., killing the killer in place of the slain. The meaning here is that qiṣāṣ must not be administered in mosques.
Points derived from the ḥadith:
1 – It is forbidden to implement the fixed legal punishments in mosques, whether the penalty is execution, amputation, or flogging.