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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Do hudud punishments fall away with repentance?

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Question:
Does repentance cause the hudud punishment to fall away, or does it not?

Answer:
The matter of repentance involves detail. From the perspective of Allah, Allah erases the sin . Repentance, from the perspective of Allah—by His grace and kindness—erases the sin, as He (Exalted and Majestic is He) said when He mentioned shirk (associating partners with Allah), killing, and zina (unlawful sexual intercourse):
Except for those who repent, believe and do righteous work. For them Allah will replace their evil deeds with goodإِلَّا مَنْ تَابَ وَآمَنَ وَعَمِلَ عَمَلًا صَالِحًا فَأُولَئِكَ يُبَدِّلُ اللَّهُ سَيِّئَاتِهِمْ حَسَنَاتٍ
[Al-Furqan: 70]. And the Prophet (peace and blessings be upon him) said:
The one who repents from sin is like one who did not sin.التائب من الذنب كمن لا ذنب له
Sunan Ibn Majah 4250Da’if (Darussalam)
So whoever repents, Allah turns to him in forgiveness, provided he fulfills the conditions of repentance: if he abandons the sins, feels remorse for what has passed of them, resolves not to return to them, and returns the rights and injustices to their owners, or seeks their pardon, then repentance wipes out what came before it, and Allah forgives what has passed.
However, from the perspective of establishing the hudud punishment, there is a detailed explanation here. As for the one who clings to the sin and sets his heart upon it, his repentance does not benefit him in averting the hudud punishment. Rather, the hudud punishment must be carried out against him, and his repentance, which was necessitated by his being seized, does not benefit him. So whenever he is seized, the hudud punishment is carried out against him, even if he repents. His repentance after being seized—after he has been captured—is, as it appears from his condition, merely a means of seeking safety, so that he might not be flogged, so that he might not be imprisoned, and so that the hudud of Allah might not be carried out against him. Therefore, this repentance does not benefit him from the perspective of the Shari'ah ruling. Rather, the hudud punishment is carried out against him. For this reason, if captives embrace Islam after being captured, their Islam does not benefit them in terms of their release from captivity or in terms of being excused from what is obligatory upon them due to their captivity in the hands of the Muslims. Rather, their blood is made safe because of their Islam, but the other rights remain.
Likewise, the one who is seized for zina (unlawful sexual intercourse) or for drinking intoxicants, the hudud punishment is carried out against him. And likewise, the one who repents after killing a soul without right, qisas (retaliation in kind) is carried out against him, and repentance does not prevent qisas from being carried out against him. But the one who repents before being able to be seized—after committing the sin, then Allah turns to him in mercy before we are able to seize him, before we know his condition, and he comes to us repentant and remorseful—this is the one whose repentance benefits him. The hudud punishment is not carried out against him after he has come repentant and remorseful before his condition was known and before he was seized. As Allah said regarding those who cut off the road:
Except for those who return [repenting] before you apprehend themإِلَّا الَّذِينَ تَابُوا مِنْ قَبْلِ أَنْ تَقْدِرُوا عَلَيْهِمْ
[Al-Ma'idah: 34]. This indicates that repentance before being seized has a status different from repentance after being seized.
Source binbaz.org.sa

The Arabic text is copied verbatim from the original source, without any edits.

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