What is the Islamic ruling on one who has committed a sin, and there is no one to carry out the prescribed punishment against him, if he has repented and seeks purification?
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The questioner : He saysThe questioner : Here, one of the people committed a crime of zina, theft, or any other crime, and the Islamic ruling from the Book and the Sunnah was not applied to him because there is no one to apply these rulings in these days. So what is the Islamic ruling on him in these days, knowing that first, he has not repented from his sin and is still in his state; second, he has repented from his sin?
The Shaykh : The one who has not repented and has not been deterred from his sin does not ask such a question, because this person who is persistent in his sin does not strive to have the Muslim ruler purify him. Rather, it is appropriate for such a question to come from a person who regrets the punishment or the sin that warrants a punishment that he committed. It is possible for such a person to ask such a question. So if there is indeed someone from the reality of this afflicted youth in this time who wants to meet Allah the Exalted and Majestic while being pure from his sin, the matter is very, very easy for him, even if, unfortunately, there is no one today to carry out the Islamic hudud in these Islamic countries.
Carrying out the Islamic hudud is a mercy from Allah the Exalted and Majestic, without doubt or hesitation, as He the Exalted said:[Al-Baqarah 2:179] That is because if the hudud is carried out on the one subject to it, that is a purification for him, a refinement for him, and a repentance for him. This is with regard to him, and with regard to the society in which he was involved and in which that sin occurred and for which the hudud was established, it is also a lesson for others who may be afflicted with a sin like his. Therefore, He said: meaning, the life of the nation, the life of the people. Even if he died, his life in the Hereafter is better for him as long as he was purified from his sin by the carrying out of the hudud against him. But since there is no one today to carry out the hudud, Allah the Exalted and Majestic has made an easy and lenient path for such a person, which is to repent to Allah Blessed and Exalted is He. In fact, the wise Lawgiver encourages the one who is afflicted with such a sin not to expose himself to the one who carries out the hudud against him. That is, if there were a Muslim ruler who applies the law of Allah and the hudud of Allah to those who deserve it, and one of the people fell into one of the hudud of Allah, Islam commands him to cover himself and not to reveal his sin to that ruler who wants to purify him of it. Perhaps you know the story of Ma'iz, who committed zina with that woman from the Ghafid tribe, where he came to the Prophet (peace and blessings be upon him) asking him to carry out the hudud, saying: "O Messenger of Allah, purify me." He came from the right side, so he (peace be upon him) turned away from him to the left side. It was very clear, as if he was saying with his demeanor: "Hide your face from me and do not hear me say this word." But the man wanted to be purified, so he came to the other side, saying: "O Messenger of Allah, purify me." He also turned his face away from him. He did this three times. Then he came to the first side, saying: "O Messenger of Allah, purify me." The Prophet (peace and blessings be upon him) knew that this Ma'iz was serious in what he was requesting, which was the carrying out of the hudud against him. So he said (peace and blessings be upon him and his family): What does this phrase mean? It means: "Smell his breath, the smell of his mouth, perhaps he is a drunkard who is intoxicated and is raving about what he does not know. Smell his breath." The smell of his mouth was the smell of a mouth clean from intoxicants. So they informed him, and he (may the prayers and peace of Allah be upon him) ordered that he be stoned with stones. They stoned him until he died. Some of those who stoned him spoke a word that contained a hint and a stab at Ma'iz, saying that he had committed zina. So he (peace be upon him) said: So we see in this story, which is in Sahih Muslim, that the Prophet (peace and blessings be upon him) wanted at first to turn the matter away so that he would not expose himself before the people, even by requesting the carrying out of the hudud against him. And you know the result. Therefore, it came in some hadiths, the meaning of which is: So Allah the Exalted and Majestic is the One who covers, and He loves covering. This is an interjected sentence: I see some of our brothers present yawning and opening their mouths. The Sunnah on this occasion is to place one's hand over one's mouth. He said: And therefore, he (peace and blessings be upon him) said in the authentic hadith: Sahih Muslim 2994 meaning, he strives against himself so that he does not let Shaytan overcome him and open his mouth. If Shaytan overcomes him and it is necessary, let him place his hand over his mouth. This is one of the etiquettes of Islam regarding yawning. Some people sometimes neglect this and do not just open their mouths like a sock, but they add to that a sound. The Messenger (peace be upon him) said that this sound is what makes Shaytan laugh at him. Therefore, let him hold it in as much as he can, so that he is not overcome and opens his mouth. If he does, he places his hand over it. This is a lesson for this occasion.
The point is that the one who is afflicted with any of these filthy things should cover himself, so let him cover himself. He should not expose himself, and he should not tell, especially in this time, he should not tell any of the shaykhs or friends or brothers, "I did such and such, and I want someone to carry out the hudud against me." The answer is very easy: repent to Allah the Exalted and Majestic with sincere repentance. What are the conditions of sincere repentance? First, that you regret what has passed, and that you resolve not to return to it, and thirdly, that you increase in righteous deeds. So there is no need for the Muslim to expose himself under the claim that he wants to be purified by the carrying out of the hudud. No, repentance erases the sin. Sincere repentance takes the place of the hudud, but its conditions, as I mentioned to you just now, are that he regrets what happened to him, whether it was zina, whether it was theft, whether it was drinking intoxicants, whether it was backbiting, whether it was talebearing, whatever it is, he regrets what has passed, resolves not to return to it, and increases in righteous deeds. This is the explicit statement of Allah the Exalted in the Noble Qur'an when He mentioned the servants of the Merciful. He the Exalted said in their descriptions:[Al-Furqan 25:68-70] So everyone who commits a sin for which he is religiously deserving of a punishment, and there are no hudud today, unfortunately, what he has to do is nothing but return to Allah, regretting what he did, resolving not to return to it, and increasing in righteous deeds. This is the meaning of His saying the Exalted: [Al-Furqan 25:70] Yes.
The Shaykh : The one who has not repented and has not been deterred from his sin does not ask such a question, because this person who is persistent in his sin does not strive to have the Muslim ruler purify him. Rather, it is appropriate for such a question to come from a person who regrets the punishment or the sin that warrants a punishment that he committed. It is possible for such a person to ask such a question. So if there is indeed someone from the reality of this afflicted youth in this time who wants to meet Allah the Exalted and Majestic while being pure from his sin, the matter is very, very easy for him, even if, unfortunately, there is no one today to carry out the Islamic hudud in these Islamic countries.
Carrying out the Islamic hudud is a mercy from Allah the Exalted and Majestic, without doubt or hesitation, as He the Exalted said:
And there is for you in legal retribution [saving of] life, O you [people] of understanding
ولكم في القصاص حياة يا أولي الألبابIn retaliation there is life
في القصاص حياةSmell him, smell him
استنكهوه استنكهوهHe has repented a repentance that, if it were divided among the people of Madinah, would have sufficed them
لقد تاب توبة لو قسمت على أهل المدينة لوسعتهمWhoever is afflicted with any of these filthy things, let him cover himself, let him cover himself...
من ابتلي بشيء من هذه القاذورات أن يستتر فليستتر ...Because Shaytan enters from his mouth
لأن الشيطان يدخل من فمهSo when one of you yawns he should try to restrain it as far as it lies in his power.
إذا تثاءب أحدكم فليكظم ما استطاعLet him hold it in as much as he can
فليكظم ما استطاعThe point is that the one who is afflicted with any of these filthy things should cover himself, so let him cover himself. He should not expose himself, and he should not tell, especially in this time, he should not tell any of the shaykhs or friends or brothers, "I did such and such, and I want someone to carry out the hudud against me." The answer is very easy: repent to Allah the Exalted and Majestic with sincere repentance. What are the conditions of sincere repentance? First, that you regret what has passed, and that you resolve not to return to it, and thirdly, that you increase in righteous deeds. So there is no need for the Muslim to expose himself under the claim that he wants to be purified by the carrying out of the hudud. No, repentance erases the sin. Sincere repentance takes the place of the hudud, but its conditions, as I mentioned to you just now, are that he regrets what happened to him, whether it was zina, whether it was theft, whether it was drinking intoxicants, whether it was backbiting, whether it was talebearing, whatever it is, he regrets what has passed, resolves not to return to it, and increases in righteous deeds. This is the explicit statement of Allah the Exalted in the Noble Qur'an when He mentioned the servants of the Merciful. He the Exalted said in their descriptions:
(68) And those who do not invoke with Allah another deity or kill the soul which Allah has forbidden [to be killed], except by right, and do not commit unlawful sexual intercourse. And whoever should do that will meet a penalty. (69) Multiplied for him is the punishment on the Day of Resurrection, and he will abide therein humiliated - (70) Except for those who repent, believe and do righteous work. For them Allah will replace their evil deeds with good. And ever is Allah Forgiving and Merciful.
والذين لا يدعون مع الله إلها آخر ولا يقتلون النفس التي حرم الله إلا بالحق ولا يزنون ومن يفعل ذلك يلق أثاما يضاعف له العذاب يوم القيامة ويخلد فيه مهانا إلا من تاب وآمن وعمل عملا صالحا فأولئك يبدل الله سيئاتهم حسنات وكان الله غفورا رحيماExcept for those who repent, believe and do righteous work. For them Allah will replace their evil deeds with good
إلا من تاب وآمن وعمل عملا صالحا فأولئك يبدل الله سيئاتهم حسنات
Source
www.al-albany.com
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