Will a girl who died before returning stolen money be punished if she intended to return it but was unable to do so? And will the حد السرقة (punishment for theft) be carried out against her after her repentance and Allah’s concealment of her affair? And will her charitable donations be accepted before the debt is repaid? And will she be sinful if she spends her private money on non-essentials and does not save it to repay the debt?
Repentance for violating the rights of others necessitates seeking absolution from the wronged party, either by returning their right to them or by asking for their forgiveness. Returning stolen money does not require informing its owner; rather, it is sufficient to deliver it by any means. If someone repents and intends to return the money but dies before doing so, it is hoped that Allah will bear responsibility on their behalf. To fully absolve oneself, it is best to seek forgiveness from the grandmother, even indirectly, by informing her of the theft and the thief's desire for her forgiveness, without letting her know that her granddaughter is the thief. The imposition of a [Sharia] punishment is not a prerequisite for the acceptance of repentance, and it is prescribed for one who has sinned to conceal themselves. Returning stolen money is obligatory and takes precedence over voluntary charity. It is not permissible for someone who owes rights to give charity with money that is needed to fulfill those rights. Charity is valid even if its giver is in debt. As for other actions like purchasing, they are not permissible if they affect the restitution of rights. The obligation is to promptly return the stolen money to the grandmother and not to undertake any other action that would affect this right.
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- Original fatwa ID
- 149553
- Imported
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