* The renowned Muslim scholar discusses the scope of discretionary punishment and the sanctity of mosques in Makkah amid controversy over the executions.
The Grand Mufti of the Conference of Organizations (CIO), Sheikh DhikruLlahi Shafi’i, has explained the Islamic jurisprudential principles surrounding ta’zir punishment, including the circumstances in which some scholars consider capital punishment permissible, amid controversy over the execution of two Bangladeshi nationals in Saudi Arabia.
The renowned scholar examined the case during his midweek Fatwa session on Wednesday, October 21, 2026, discussing the distinction between hadd and ta’zir punishments, the sanctity of mosques in Makkah and the role of severe penalties in deterring misconduct.
His presentation came amid widespread debate following reports that Saudi Arabia executed the two Bangladeshis on October 14, with social media posts claiming that they were a married couple who had been killed for kissing or engaging in intimate acts near the Kaaba.
Muslim News has, however, established that the claims circulating on social media are false and appear to be aimed at tarnishing the image of Islam and damaging Saudi Arabia’s reputation.
In explaining the scope of ta’zir, Sheikh Shafi’i said the category encompasses different forms of punishment, with the harshest potentially extending to death according to certain juristic positions.
“The harshest among them is killing the person,” he said, while discussing the range of punishments under ta’zir. He also reportedly stated that the judgment passed in the case was appropriate.
The scholar linked his discussion to the religious significance of the location where the alleged offence reportedly occurred, arguing that misconduct in a mosque in Makkah must be considered in light of the sanctity attached to the holy city and its places of worship.
Distinction between hadd and ta’zir
Sheikh Shafi’i discussed hadd, which refers to categories of punishment prescribed in Islamic jurisprudence for specified offences subject to applicable conditions, and ta’zir, which refers to discretionary punishment determined by the competent authority within the relevant legal framework.
He explained that ta’zir encompasses a range of penalties and that some jurists have recognised capital punishment in exceptional circumstances.
The application of this principle, however, depends on the relevant legal framework, the nature of the offence, the evidence and the reasoning of the court.
The classification of a sentence as ta’zir does not, by itself, establish that execution is justified in every case.
The complete judgment in the Saudi case would be needed to determine the precise legal grounds on which the death sentence was imposed.
Sanctity of Makkah and its mosques
The scholar referred to Qur’an 22:25, which addresses the sanctity of the Sacred Mosque and warns against wrongdoing in its vicinity.
He argued that allegations of misconduct inside a mosque in Makkah should be understood within the wider Islamic emphasis on protecting the sanctity of sacred places.
The publicly available Saudi announcement reportedly described the offence as an indecent act inside a mosque in Makkah, but did not detail the precise conduct or identify the specific mosque. Claims that the incident occurred at Masjid al-Haram itself have not been established by that statement.
Questions surrounding the case
According to Muslim News’ investigation, which drew on relevant documents and reports from reliable media sources, Saudi authorities executed the two Bangladeshis, identified in published reports as Nazrul Islam Abdul Basir and Siti Akhtar, on Wednesday, October 14, 2026.
During his presentation, Sheikh Shafi’i raised questions about the circumstances surrounding the pair, including their relationship, why they were in Saudi Arabia, the nature of the alleged offence and the judicial process that led to their execution.
The Saudi authorities’ public announcement did not provide sufficient detail to verify all the claims circulating online about the pair’s relationship, their reasons for travelling or the precise act for which they were convicted.
Bangladesh seeks clarification
The executions have also prompted diplomatic questions. Bangladesh reportedly said its Foreign Ministry and diplomatic mission in Saudi Arabia had not received advance notification and subsequently sought detailed information from the Saudi authorities.
Bangladeshi media reported on October 19 that the government was awaiting a copy of the judgment to understand the case and its legal basis.
Scholar urges verification of viral claims
While discussing the case, the Grand Mufti of CIO also cautioned Muslims against accepting unverified accounts of the executions.
“Our first principle is at-tabayyun wa-tathabbut: verification and confirmation. We must investigate and establish what actually happened,” he said.
He cited Qur’an 49:6, which instructs believers to verify reports to avoid harming others out of ignorance and subsequently regretting their actions. He also referred to Qur’an 4:83 in discussing the importance of referring information to those capable of properly examining it.
His warning came as claims that the pair were newlyweds or had been executed specifically for kissing spread online.
Fact checks published by Religion and Journalism on October 20 and the Press Trust of India on October 23 found key details in the viral narrative unsupported, including a video wrongly linked to the case that featured a different couple.
The controversy highlights the importance of distinguishing between the established fact of the executions, the legal principles discussed by Sheikh Shafi’i and the unverified details surrounding the alleged offence. The full judicial reasoning remains essential to a more complete understanding of the case.
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