Back to search
The question

Is it permissible, Islamically, for a judge to make a prisoner's release contingent upon his father's approval, and are there similar cases in Sharia?

Share this answer

Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The issues and rulings decided by the judge are not within our purview, and an appeal should be directed to a higher judicial authority. We have previously explained the sayings of the scholars regarding discretionary punishment (ta'zeer), and that some of them believe its determination is left to the discretion of the ruler (wali al-amr) according to what serves the public interest and is proportionate to the crime. We also mentioned severe cases of discretionary punishment in previous eras. There is no doubt that the assault mentioned in the question is one of the worst and most dangerous types of assault.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
109545
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy