If a person commits a crime subject to a prescribed hudud punishment or qisas, and he flees and hides until the case dies and the search for him ceases, and he has repented to Allah
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The questioner : The second question says: If a person commits a crime subject to a prescribed hudud punishment or qisas, and he flees and hides until the case dies and the search for him ceases, and he has repented to Allah and regretted what he did, is that sufficient for him, or must he surrender himself for the hudud to be carried out against him or for qisas to be taken from him? And if he does not do so, what is the ruling? Is there a difference if he was an aggressor or defending himself?
The Shaykh : The person who commits the crime is not free from two states. One of them, indeed one of the two, is that the crime is related to the rights of the people. In this case, the rights of the people must be delivered to them no matter what, such as the qisas mentioned in his question. For example, if a person commits a crime against another by cutting off one of his limbs or killing him, it is obligatory for him to surrender himself to the wali of this qisas, whether the victim is still alive, which is the case with the cutting of a limb, or his awliya if he has died.
The questioner : Yes.
The Shaykh : As for the case where the matter, which is the second state, is related to the right of Allah the Exalted and Majestic, if he repents between himself and his Lord before being caught, it is dropped from him. The hudud is dropped from him, and it is not obligatory for the one in authority to carry it out if he knows that he has reformed and returned to Allah the Exalted and Majestic and repented for it, due to His saying regarding those who wage war against Allah and His Messenger and strive to spread corruption in the land:[Al-Ma'idah 5:34].
The questioner : This is a message from the listener Ramadan Mahmoud Ahmad from the Arab Republic of Egypt, who says.
The Shaykh : The person who commits the crime is not free from two states. One of them, indeed one of the two, is that the crime is related to the rights of the people. In this case, the rights of the people must be delivered to them no matter what, such as the qisas mentioned in his question. For example, if a person commits a crime against another by cutting off one of his limbs or killing him, it is obligatory for him to surrender himself to the wali of this qisas, whether the victim is still alive, which is the case with the cutting of a limb, or his awliya if he has died.
The questioner : Yes.
The Shaykh : As for the case where the matter, which is the second state, is related to the right of Allah the Exalted and Majestic, if he repents between himself and his Lord before being caught, it is dropped from him. The hudud is dropped from him, and it is not obligatory for the one in authority to carry it out if he knows that he has reformed and returned to Allah the Exalted and Majestic and repented for it, due to His saying regarding those who wage war against Allah and His Messenger and strive to spread corruption in the land:
Except for those who return [repenting] before you apprehend them. And know that Allah is Forgiving and Merciful.
إلا الذين تابوا من قبل أن تقدروا عليهم فاعلموا أن الله غفور رحيمThe questioner : This is a message from the listener Ramadan Mahmoud Ahmad from the Arab Republic of Egypt, who says.