Book of Prescribed Punishments

Shaykh al-Islām—may Allah sanctify his soul—said:

Section

Allah addressed the believers in unrestricted terms concerning prescribed punishments and rights, as in His words:

“As for the male and female thief, cut off [their hands].”

And His words:

“Flog the woman and the man who commit unlawful sexual intercourse.”

And His words:

“Those who accuse chaste women and then fail to produce four witnesses—flog them.”

Likewise, His words:

“And never accept their testimony.”

However, it is known that anyone commanded to perform an action must be capable of it; those unable to perform it are not obliged to do so. It is also known that this is a collective obligation, like jihad; indeed, it is a form of jihad.

Thus, His words:

“Fighting has been prescribed for you.”

And His words:

“Fight in the cause of Allah.”

And His words:

“If you do not go forth, He will punish you.”

These and similar commands impose a collective obligation upon those capable of fulfilling it. Here, “capability” means authority. Hence, implementing the prescribed punishments is obligatory upon the ruler and his deputies.

The Sunnah is for the Muslims to have a single imam, with the others serving as his deputies. If, however, we suppose that the community has departed from this arrangement because of disobedience on the part of some and inability on the part of the rest, or for some other reason,