The Effect of Repentance on the Dropping of the Fixed Punishment Before the Case Is Referred to the Ruler
Machine translationRead the Arabic original
The questioner:
And other than Shaykh Abu Hatim. What is the authentic ruling regarding one who commits a raid or is subjected to it, but it does not come to pass? And does one who commits any of that suffice in place of the oath of allegiance?
The Shaykh:
The authentic ruling is that the perpetrator and the one acted upon are killed in all cases. This is the authentic position indicated by the evidence.
The questioner:
Is the issue of one who commits that sufficient in place of the oath of allegiance?
The Shaykh:
If he repents before his case is referred to the ruler, his repentance is accepted and he is covered. However, once the matter reaches the ruler and the fixed punishment is established against him, the fixed punishment is not dropped from him, even if he repents. His repentance is accepted by Allah, Glorified and Exalted is He, and Allah accepts repentance, but the fixed punishment that has been established against him is not dropped; it must be carried out. Yes.
And other than Shaykh Abu Hatim. What is the authentic ruling regarding one who commits a raid or is subjected to it, but it does not come to pass? And does one who commits any of that suffice in place of the oath of allegiance?
The Shaykh:
The authentic ruling is that the perpetrator and the one acted upon are killed in all cases. This is the authentic position indicated by the evidence.
The questioner:
Is the issue of one who commits that sufficient in place of the oath of allegiance?
The Shaykh:
If he repents before his case is referred to the ruler, his repentance is accepted and he is covered. However, once the matter reaches the ruler and the fixed punishment is established against him, the fixed punishment is not dropped from him, even if he repents. His repentance is accepted by Allah, Glorified and Exalted is He, and Allah accepts repentance, but the fixed punishment that has been established against him is not dropped; it must be carried out. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 82 من 89|شرح العدة في شرح العمدة|كتاب الحدود|فصل فيمن أتى حدا خارج الحرم ثم لجأ إليه|صالح الفوزان — youtube.com (1:03:25)
The Arabic text is a machine transcription of the audio recording.