What is the ruling on the Imam or ruler when an admission subject to a prescribed punishment (*Hadd*) is made?

General Chapter

Al-Mughni

Book of Ḥudūd (Prescribed Penalties)

Book 51 · Issue 1 · Bab 1

Open in Qurani

Primary text

It is recommended (*mustahabb*) for the Imam or ruler, upon whom a prescribed punishment is established through a confession, to obliquely suggest retraction if the confession is complete, and to refrain from completing the punishment if the confession is incomplete. This is based on the tradition where the Prophet (peace be upon him) turned away from Ma'iz after his confession, repeating this until the confession was complete four times, before asking if he had engaged in foreplay. Furthermore, it is related that the Prophet (peace be upon him) said to the one who confessed to theft, "I do not think you did it." Evidence also includes the case of a slave girl brought for stealing, whom the Prophet (peace be upon him) told to deny the theft; when she denied it, she was set free. It is permissible for others present to suggest retraction or denial to the confessor.

Supporting text

It is reported that Al-Ahnaf suggested non-confession to a thief before Al-Ma'awiyah. There is also a narration that one should not execute a person who is *ẓarīf* (witty/clever), meaning if clear evidence exists against him, he should raise a doubt (*shubhah*) that negates the required cutting punishment (*qaṭʿ*).