Does repentance nullify fixed punishments (Hudud) committed by a Highway Robber not specific to highway robbery?
General Chapter
Al-Mughni
Book of Highway Robbers
Primary text
The opinion held by Al-Qadi is that fixed punishments (Hudud) committed by a highway robber that are not exclusive to highway robbery—such as Zina (fornication/adultery), Qadhf (false accusation), drinking alcohol, and theft—are nullified by subsequent repentance. This is because these are rights belonging to Allah (Hudud lillah), and thus they are dropped upon repentance, similar to the punishment for highway robbery itself. Furthermore, allowing repentance to nullify these punishments encourages repentance.
Supporting text
An alternative view suggests that these fixed punishments are not nullified because they are not exclusive to highway robbery, meaning the robber is treated regarding them as any other transgressor. Additionally, if a fixed punishment was committed before the act of highway robbery, and the robber repents before being apprehended for the robbery, the first committed punishment is not nullified because repentance only drops the specific sin repented from, not other separate offenses.