Question 6: What is the ruling on substituting a prescribed penalty proven by texts of the Qur’aan and the Sunnah with a monetary fine? For example, instead of cutting off the hand of a thief, he is fined a sum of money and instead of stoning an adulterer and flogging a fornicator, they are fined a specific sum of money.
Answer: It is not permissible to substitute the Hudood (ordained punishments for violating Allaah’s Law) that Allaah decreed with monetary fines; because the Hadud are Tawqeefee (bound by a religious text and not amenable to personal opinion) and it is not permissible to change them… read more here.
Question 2: There is a Muslim man who lives in Ghana which is a Christian country that does not abide by the rulings of Islaam. That man committed Zinaa (adultery). Thus, he deserved Hadd (ordained punishment for violating Allaah’s Law). He asked the Muslims who live there to apply the ruling of Sharee`ah (Islaamic law) to him. However, the government there prohibits ruling according to any law other than Christian laws. What is the ruling on that person? Has he thus expiated his sin or not? He exposed himself to punishment. However, he was denied it.
Answer: If a person commits Zinaa, they should perform sincere Tawbah (repentance to Allaah) and conceal themselves if Allaah conceals them, not ask for the Hadd to be applied to them. It is only a Muslim governor, or his deputies, who can apply Hudood. It is impermissible for the Muslims to undertake this job, as it leads to anarchy and tribulations… read more here.