Is the prescribed punishment executed upon a criminal who committed the offense inside the Sanctuary itself?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
If someone violates the sanctity of the Sanctuary by committing an offense that necessitates a Hadd punishment or *Qisas* within it, the prescribed punishment is executed upon them within the Sanctuary. There is no known disagreement on this matter. Ibn Abbas narrated that whoever commits an offense in the Sanctuary, whatever he committed therein shall be executed upon him. This is supported by the command to fight those who fight within the Sacred Mosque (Quran 2:191), permitting killing them if they fight there. This is necessary to deter them from committing transgressions to protect lives, property, and honor. If the punishment were not implemented, God's laws would lapse regarding them, leading to the loss of necessary public interests.
Supporting text
Malik, Al-Shafi'i, and Ibn al-Mundhir hold that the punishment is executed in the Sanctuary, citing the general command regarding lashing the adulterer, cutting the thief, and executing *Qisas* without specifying location. They cite the report that the Sanctuary does not shield a disobedient person, nor one fleeing from a crime or bloodshed, and that the Prophet ordered the killing of Ibn Hanzalah while he clung to the Ka'bah's covering. They also analogize the offender to a rabid dog whose blood is permitted due to his transgression.