القابض
كلمة (القابض) في اللغة اسم فاعل من القَبْض، وهو أخذ الشيء، وهو ضد...
Stay of execution
(دَرْءُ الْحَدِّ)
من موسوعة المصطلحات الإسلامية
المعنى الاصطلاحي
Waiving the corporal penalty for a valid reason.
الشرح المختصر
"Dar’ al-hadd" (waiving the penalty): The "hadd" is a punishment that inflicts harm on the body and the reputation of the perpetrator of a crime. It is not permissible to violate the sacredness of an individual or to inflict pain on him except with a rightful reason. This right is not established except with decisive evidence that is free of all doubt. If any doubt or possibility of innocence arises, then this will prevent the certitude on which rulings are based. For this reason, doubts waive "hadds". An example of such doubts (that waive the "hadd" of adultery): the claim of rape, a man having intercourse with his bride and then discovering that she was not his wife, or the claim of being forced into having intercourse, etc. Another example of a "hadd" waiver is the recanting of a statement or testimony.
التعريف
To stop the enforcement of a mandatory punishment because of some admissible doubt.