What is the ruling on a mayor exempting a water thief from a fine or reducing it, which leads to the failure to achieve justice in the application of the law?
The guarantee for stolen or usurped property is in kind; if that is impossible, then its value. The cost of its return is borne by the thief and the usurper. Financial penalties exceeding this are not permissible, as Allah the Almighty says: "So whoever transgresses against you, transgress against him to the same extent of his transgression against you" (2:194) and "And if you punish [an enemy], punish with an equivalent of that with which you were afflicted" (16:126).
The scholars have stipulated that the victim of theft or usurpation is only entitled to what was taken from him, without any increase. The prohibition of punishing and disciplining with money is the view of the four madhhabs and a matter of consensus. Therefore, it is not permissible to impose on the thief more than the value of what he stole and the costs of recovering it.
Accordingly, if the administration imposes more than that on the thief, it is not permissible to work there, as this would be assisting in sin and transgression. As for the official canceling the fine that exceeds what is lawful or imposing the lawful fine, that is good. However, if he does so without regard for Islamic law or out of favoritism, then he is acting wrongly.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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