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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Forgiveness in hudud (fixed Qur'anic punishments) before they reach the ruler

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Question:
If theft is established against a Muslim, is it permissible for me to have my money returned on the condition that I do not report it to the judge so that he does not execute the hadd (fixed punishment) for theft? I note that the amount stolen is approximately one hundred thousand riyals.

Answer:
There is no harm. If you and he borrowed, and he gave you money and you concealed it, there is no harm. However, if his evil is great, or if you know that he engages in this with people, then it should be reported and he should be exposed so that his evil is kept away from people. But if it was only once, or twice, and he is not known for evil, there is no harm in concealing it and reconciling with him. For when the Messenger of Allah (peace and blessings be upon him) had his cloak stolen by Safwan ibn Umayyah, he brought him to the Prophet (peace and blessings be upon him) and said, "This man stole my cloak." The Prophet (peace and blessings be upon him) looked at his hand to cut it off. He said, "O Messenger of Allah, I was negligent regarding my cloak." The Prophet (peace and blessings be upon him) said, "Why was this not done before you brought him to me?"
If the matter reaches the ruler, perhaps Allah will forgive the one who complained. The point is that before it reaches the ruler, there is no harm in forgiving the one who stole from you, advising him, and warning him against repeating it. But if it reaches the ruler and the case is referred to the prince, no, he will not forgive you. Yes, yes. The hudud must be established after the matter is brought to light.
Source قناة «فضيلة الشيخ ابن باز Alsheikh Binbaz»، المسامحة في الحدود قبل أن تبلغ السلطان 0 - بن باز - مشروع كبار العلماء — youtube.com

The Arabic text is a machine transcription of the audio recording.

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