Is a surety bond valid for someone who owes a fixed penalty (Hadd)?

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The surety bond (Kafalah) concerning the physical person of someone upon whom a fixed penalty (Hadd) is due is invalid. This applies whether the penalty is a right belonging to Allah, such as the Hadd for adultery (Zina) or theft, or a right belonging to an individual, such as the Hadd for slander (Qadhf) or retribution (Qisas). This is the position held by the majority of scholars, including Shurayh, Al-Hasan, Ishaq, Abu Ubayd, Abu Thawr, and the Companions of Al-Ra'y (Hanafi jurists). The evidence for this is the Hadith narrated by 'Amr ibn Shu'ayb, from his father, from his grandfather, from the Prophet (peace be upon him), stating: "There is no surety bond for a Hadd." Furthermore, since a Hadd is an established penalty, surety is not valid therein, just as it is not valid for the Haddud Allah (penalties due to God). Additionally, surety is a measure of securing an obligation, whereas fixed penalties are founded upon their mitigation or dismissal based on doubts (Shubuhat); thus, securing them via surety is inappropriate. Finally, since the penalty cannot be exacted from the guarantor if the principal cannot be produced, the surety bond for the person upon whom it is due is invalid, similar to the Hadd for Zina.