A monetary fine and how it is to be spent

Question

Question: The fine that is imposed in a village through the community council on a fornicator, a criminal, an oppressor, or one who harms others — is it permissible in the Shari‘a to impose this fine and take compensation or not? If it is permissible, where and on what purposes should these sums be spent? Or should they be returned to those same people? In that case the community council will have no weight left, nor will any fear hold them back.

Answer

A monetary fine is not permissible according to Imam Abu Hanifa ﵀ — it is abrogated (mansukh); if it has been taken, returning it is necessary. To curb crimes there is need for guidance (irshad), instruction (talqin), reminding (tadhkir) and purification of the inner self, so that fear and awe (khashya) arise in the heart.

Source: Fatawa Mahmudiyya

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