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What is the meaning of "Al-Istiqaadah" in the Prophet's (PBUH) saying: "Penal laws (Hudud) are not to be carried out in mosques, nor is retribution to be sought therein"?

1 min readAlso available in العربية

Summary of the Fatwa:

The Hadith "Hudud (punishments) are not to be carried out in mosques, nor is qisas to be sought therein" was narrated by Al-Tirmidhi, Ibn Majah, Al-Daraqutni, Al-Bayhaqi, and others. Al-Albani authenticated the narration "nor is a father killed for (killing) his child" from it. The reason for the prohibition is to safeguard the mosque and preserve its sanctity.

Jurists differed on the ruling regarding carrying out hudud in the mosque:

The majority (Kufans, Al-Shafi'i, Ahmad, and Ishaq): Prohibit carrying out hudud in the mosque out of reverence for it. Al-Sha'bi and Ibn Abi Layla: Permit it. Malik: Saw no harm in light flogging, but if the punishments are numerous, they should be carried out outside the mosque.

Those who prohibited it cited the Hadith "Keep your children away from your mosques... and carrying out your hudud" (weak in its chain of narration), and the Hadith "Traits that are not fitting in the mosque... nor should a hadd punishment be inflicted therein" (also weak in its chain of narration).

Ibn al-Munir explained the prohibition by stating that if it is disliked to bring a deceased person into the mosque for fear of anything emanating from them, then it is more appropriate to prohibit carrying out a hadd punishment for fear of blood flowing from the flogged person, and even more so in cases of killing.

The meaning of "nor is qisas to be sought": This means that qisas (retaliation and killing of the killer) should not be sought in mosques.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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