Does repentance prevent the implementation of the hudud (fixed Qur'anic punishments)?
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Fatwa number ( 9000 )
Q: Does repentance from the major sins for which Islam has prescribed hudud (fixed Qur'anic punishments) in the Qur'an and the Sunnah, such as theft and unlawful sexual intercourse, prevent the implementation of those hudud? And if repentance from these major sins does not prevent the implementation of the hudud prescribed for them by the Shari'ah, what should a person do who has committed a sin that warrants a hadd in a country where the hudud are not implemented?
A: When the hudud (fixed Qur'anic punishments) reach the legitimate ruler and are established by sufficient evidence, it is obligatory to carry them out, and they are not dropped due to repentance by consensus. The woman from Bani Ghamid came to the Prophet (peace and blessings be upon him) seeking the hudud to be carried out on her after she had repented, and he said regarding her:Jami` at-Tirmidhi 1454Hasan (Darussalam), and despite that, he carried out the legal hudud on her. This is not for anyone other than the ruler. As for when the punishment does not reach the ruler, the Muslim slave should conceal himself with Allah's covering and repent to Allah with a sincere repentance, hoping that Allah will accept it from him. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: Does repentance from the major sins for which Islam has prescribed hudud (fixed Qur'anic punishments) in the Qur'an and the Sunnah, such as theft and unlawful sexual intercourse, prevent the implementation of those hudud? And if repentance from these major sins does not prevent the implementation of the hudud prescribed for them by the Shari'ah, what should a person do who has committed a sin that warrants a hadd in a country where the hudud are not implemented?
A: When the hudud (fixed Qur'anic punishments) reach the legitimate ruler and are established by sufficient evidence, it is obligatory to carry them out, and they are not dropped due to repentance by consensus. The woman from Bani Ghamid came to the Prophet (peace and blessings be upon him) seeking the hudud to be carried out on her after she had repented, and he said regarding her:
He has repented a repentance that, if the inhabitants of Al-Madinah had repented with, it would have been accepted from them.
لقد تابت توبة لو تابها أهل المدينة لوسعتهم
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.