If it is established by circumstantial evidence that someone stole, and then he says, "Let me repent," is he to be left alone?
Machine translationRead the Arabic original
The questioner : I gave the example of a thief. If he says, "Let me repent," even though it is established by circumstantial evidence, do we let him go?
The Shaykh : The correct view, which will come to us if Allah wills, is that if the smell of intoxicants is found on a drinker, if a woman is found pregnant, or if stolen goods are found in the possession of a thief, these crimes and their consequences are established against them, provided they do not claim a doubt. As for the one who confesses and shows them the stolen goods in his possession, according to the school of thought, his retraction is accepted regarding the hadd punishment, but it is not accepted regarding the right of the person. This is what Ibn Hazm criticized the jurists for. He said, "Glory be to Allah! You say that one confession obligates you in this case but not in that case. Either invalidate it in both this and that, or establish it in both this and that." However, the response to him will come later, if Allah wills.
The Shaykh : The correct view, which will come to us if Allah wills, is that if the smell of intoxicants is found on a drinker, if a woman is found pregnant, or if stolen goods are found in the possession of a thief, these crimes and their consequences are established against them, provided they do not claim a doubt. As for the one who confesses and shows them the stolen goods in his possession, according to the school of thought, his retraction is accepted regarding the hadd punishment, but it is not accepted regarding the right of the person. This is what Ibn Hazm criticized the jurists for. He said, "Glory be to Allah! You say that one confession obligates you in this case but not in that case. Either invalidate it in both this and that, or establish it in both this and that." However, the response to him will come later, if Allah wills.