Is it permissible to carry out prescribed legal punishments (Hudud) within the mosque?

General Chapter

Al-Mughni

Book of Beverages (Intoxicants)

Book 53 · Issue 1 · Bab 1

Open in Qurani

Primary text

The prescribed legal punishments (Hudud) are not to be carried out within the mosques. This position is held by 'Ikrimah, Al-Sha'bi, Abu Hanifah, Malik, Al-Shafi'i, and Ishaq. The evidence rests on the report that the Messenger of Allah forbade leading animals (istqad), reciting poetry, and establishing the Hudud in the mosque. Furthermore, 'Umar ordered a man to be taken out of the mosque before being struck, and 'Ali ordered the hand of a thief to be cut outside the mosque. The rationale is that mosques are established solely for prayer, recitation of the Quran, and the remembrance of Allah, not for punishments, and there is concern that the person being punished might cause impurity, necessitating the purification commanded by Allah (Quran 21:26).

Supporting text

Ibn Abi Layla was of the opinion that carrying out the Hudud in the mosque is permissible.