If we said that the one who confesses to zina and then repents, his repentance is accepted after the punishment is carried out, but this opens the door for criminals, for if they knew that, they would increase in their criminality
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The questioner : If we said that the one who confesses to zina and then repents, his repentance is accepted after the punishment is carried out, but this opens the door for criminals, for if they knew that, they would increase in their criminality?
The Shaykh : This is a lesser issue than those who said to him to retract his confession. The well-known position in the madhhab, which is what ... is that whenever he retracts his confession, the punishment must be withheld, even in the middle of the execution of the hadd. Even if he made a clear, detailed confession, saying that he committed zina with a woman named so-and-so in this room on such-and-such a night, and that he first brought her tea and milk. If he detailed everything and the judge ruled against him to be stoned or flogged, and in the middle of that he said, "No, I am retracting my confession," they say, "Okay, go." But in reality, this is what the Shaykh al-Islam (may Allah have mercy on him) said: If we accepted the retraction of the one who confessed regarding the hadd, no hadd would be established in this world. Every person, especially in our current time when people have no religion.
The questioner : What is the stronger position, O Shaykh?
The Shaykh : The hadd is never lifted from him. This is a weak opinion, very weak.
The Shaykh : This is a lesser issue than those who said to him to retract his confession. The well-known position in the madhhab, which is what ... is that whenever he retracts his confession, the punishment must be withheld, even in the middle of the execution of the hadd. Even if he made a clear, detailed confession, saying that he committed zina with a woman named so-and-so in this room on such-and-such a night, and that he first brought her tea and milk. If he detailed everything and the judge ruled against him to be stoned or flogged, and in the middle of that he said, "No, I am retracting my confession," they say, "Okay, go." But in reality, this is what the Shaykh al-Islam (may Allah have mercy on him) said: If we accepted the retraction of the one who confessed regarding the hadd, no hadd would be established in this world. Every person, especially in our current time when people have no religion.
The questioner : What is the stronger position, O Shaykh?
The Shaykh : The hadd is never lifted from him. This is a weak opinion, very weak.