Is intercession permissible on behalf of a thief before the case reaches the Imam?
Chapter on Amputation in Theft
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
Intercession on behalf of a thief is permissible so long as the matter has not reached the Imam. The basis for this is the saying of the Prophet, peace be upon him: "Settle the prescribed punishments among yourselves; whatever reaches me regarding a prescribed punishment, it must be carried out." Zubayr ibn Al-Awwam affirmed this practice before the ruling authority intervenes. Malik permits intercession if the thief is not known for evil, but advises against it for one known for corruption, allowing the punishment to proceed.
Supporting text
Zubayr, Ammar, Ibn Abbas, Sa'id ibn Jubayr, Az-Zuhri, and Al-Awza'i held this view. Malik explicitly stated that if the thief is known for evil and corruption, one should not intercede, but should allow the punishment to be established.