What is the opposing ruling regarding the dropping of the Hadd penalty upon repentance and making amends for non-warfare crimes?

General Chapter

Al-Mughni

Book of Highway Robbers

Book 52 · Issue 2 · Bab 1

Open in Qurani

Primary text

The second narration asserts that the Hadd penalty is not dropped. This is the position of Malik, Abu Hanifa, and one opinion from Al-Shafi'i. The evidence cited is the general nature of the Quranic injunctions regarding penalties, such as: "The adulteress and the adulterer, flog each of them with one hundred lashes" (Quran 24:2), which applies to both the repentant and the unrepentant. Similarly, "As for the thief, both the male and the female, amputate their hands" (Quran 5:38) is general. Furthermore, the Prophet (peace be upon him) implemented the Hadd upon Ma'iz and the Ghimadiyya woman, and the one who confessed to theft, even though they came seeking purification through the penalty, which the Messenger of Allah termed repentance. The penalty is also considered expiation (Kaffarah), and expiation is not dropped by repentance, similar to the expiation for oaths or manslaughter. Additionally, since the Hadd penalty is enforceable, it is not dropped by repentance, unlike the case of the highway robber before he is apprehended.