Does repentance (Tawbah) and making amends (Islah) cause the prescribed legal penalty (Hadd) to be dropped for those other than highway robbers?
General Chapter
Al-Mughni
Book of Highway Robbers
Primary text
There are two narrations regarding whether the Hadd penalty is dropped upon repentance and making amends for an individual who committed an offense not related to warfare (Muharibin). The first narration holds that the penalty is dropped. This view is supported by the explicit statement in the Quran concerning those who commit indecency: "If they both repent and amend their ways, then leave them alone" (Quran 4:16), and concerning the thief: "But whoever repents after his wrongdoing and corrects himself, indeed, Allah will turn to him in forgiveness" (Quran 5:39). Furthermore, the Prophet (peace be upon him) stated, "The one who repents from a sin is like one who has no sin," and one without sin has no Hadd imposed. Regarding Ma'iz, the Prophet mentioned, "Why did you not leave him so he could repent, and Allah could accept his repentance?" It is argued that since this is purely a right of Allah, it is dropped by repentance, analogous to the case of the highway robber.