Must the prescribed corporal punishment (Hadd) be carried out immediately on a sick person whose recovery is hoped for?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
The prescribed punishment must be carried out immediately and not postponed for a sick person whose recovery is hoped for. This is the position of our scholars, Ishaq, and Abu Thawr. The evidence is that 'Umar (may Allah be pleased with him) administered the punishment to Qudamah bin Maz'un during his illness without postponement, and this spread among the Companions who did not reject it, indicating consensus (Ijma'). Furthermore, since the punishment is obligatory, it should not be delayed based on a mere suspicion where Allah has mandated it without valid proof. The action of the Prophet (peace be upon him) takes precedence over the action of 'Umar, even when accompanied by the opinion and action of 'Ali.
Supporting text
The apparent meaning of the statement of Al-Khiraqi suggests postponement, based on his condition that the person upon whom the Hadd is obligatory must be healthy and sane. This view is held by Abu Hanifa, Malik, and Al-Shafi'i, supported by the Hadith of 'Ali regarding a woman recently post-childbirth, and by the general principle that extreme illness prevents immediate application. It is also argued that 'Umar's action regarding Qudamah might imply a mild illness that did not prevent the full application of the punishment, as he was given a medium whip, similar to what is used for a healthy person.