If the Hadd penalty is considered dropped by repentance, is it dropped merely by the act of repentance, or must it be coupled with the rectification of deeds?
General Chapter
Al-Mughni
Book of Highway Robbers
Primary text
If the penalty is deemed dropped by repentance, there are two subsidiary views. The first view states that it is dropped by the mere act of repentance itself. This aligns with the apparent position of our scholars because a repentance that causes the penalty to be dropped resembles the repentance of the highway robber before he is apprehended.
Supporting text
The second view requires the rectification of deeds alongside repentance. This is based on the Quranic verses mentioning repentance coupled with making amends: "If they both repent and amend their ways, then leave them alone" (Quran 4:16) and "But whoever repents after his wrongdoing and corrects himself, indeed, Allah will turn to him in forgiveness" (Quran 5:39). According to this latter view, a period must pass during which the sincerity of the repentance and the soundness of the intention can be confirmed, although this period is not definitively set. Some scholars of Al-Shafi'i suggested a period of one year, but this is deemed an arbitrary specification without textual basis and is therefore impermissible.