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The question

How can we reconcile the Prophet’s (PBUH) uncompromising stance on carrying out the punishment for theft on the Makhzumi woman with what scholars have mentioned regarding his reluctance to carry out the punishment for adultery on Ma'iz and al-Ghamidiyah?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The establishment of the hadd (prescribed punishment) for Ma'iz and the Ghamidiyyah woman was based on their confessions. The retraction of a confessor's confession nullifies the hadd according to the majority of scholars, especially if the confession was made out of repentance. It is recommended to prompt the confessor to retract their confession, as the Prophet (peace be upon him) did with Ma'iz. The hadith of Ma'iz indicates that the Imam is not obligated to impose the hadd on a repentant confessor; rather, it is imposed only if the confessor requests it. As for the hadith of the Makhzumiyyah woman, it does not state that the hadd was established by her confession, but rather by evidence. It also contains a prohibition against intercession in hudud punishments after they have reached the Imam and been established before him, whereas most scholars permitted intercession before it reached the Imam. The Shari'ah does not eagerly seek to impose hudud punishments; rather, it encourages averting hudud and for a person to conceal their own sins, and intercession in hudud before they reach the Imam is permissible. What is prohibited is intercession in hudud after they have been established before the Imam.

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Source platform
Ftawy
Original fatwa ID
151811
Imported
Translation status
Source text, unreviewed
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