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The question

Which is more appropriate when catching a thief: releasing him as an act of clemency, or handing him over to the competent authorities to implement the ruling of Sharia?

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Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

If the one who apprehends the thief is not the ruler or his deputy, it is better to advise him, cover his deed, and not refer him to the ruler. For once the matter is referred, forgiveness is no longer permissible, and the ḥadd punishment must be carried out. Safwan ibn Umayya narrated that the Messenger of Allah ﷺ ordered his hand to be cut off for stealing his cloak. Safwan said: "I did not intend this, O Messenger of Allah; it is a charity from me to him." The Messenger of Allah ﷺ said: "Why didn't you do so before bringing him to me?" Covering a sin is recommended as long as the matter has not reached the Imam. An exception to this is made for those known for evil and harm; in their case, it is better to refer them to the ruler to curb their evil.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
111994
Added here
. This is when the answer was added to El Fatwa, not the fatwa's date.
Text
Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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Read the full answer on Ftawy