Regarding Dropping Hudud Due to Doubts and Suspicions

Ibrahim narrates that Hazrat Umar bin Khattab said: "It is more preferable to me to suspend the hudood punishments due to doubts and uncertainties than to enforce these punishments in cases of doubt."

Hazrat Shu'aib narrates that Hazrat Mu'adh, Hazrat Ibn Mas'ud, and Hazrat Uqbah bin Amir—all these noble companions—said: When a prescribed punishment becomes doubtful to you, then remove it.

Hazrat Tariq bin Shihab narrates that a woman committed adultery. Upon this, Hazrat Umar said: I think that she was praying at night, then she became frightened, so she bowed (in ruku), then she went into prostration (sajda). In the meantime, a misguided person from among the misguided must have come and climbed upon her. Hazrat Umar sent a messenger to that woman, and the woman said the same thing that Hazrat Umar had stated. He let her go.

Ibrahim says that the Companions used to say: Remove punishments from the servants of Allah, the Lord of Might, as much as you are able.

Hazrat Burd narrates that Hazrat Zuhri said: Remove punishments due to every doubt.

Hazrat Abu Wa'il narrates that Hazrat Abdullah bin Mas'ud said: Remove killing and flogging from the Muslims to the best of your ability.

Hazrat A'mash says that Ibrahim stated: "Avert punishments from those who confess."

Hazrat Kulayb narrates that Hazrat Abu Musa Ash'ari said: I was in Yemen when a pregnant woman was brought to me. I questioned her about this matter. She said: Are you asking about such a pregnant woman who became a thayyib (previously married) from someone other than her husband? By Allah! Since I have embraced Islam, I have neither befriended anyone nor kept anyone as a companion. But one day, I was sleeping in the courtyard of my house. By Allah! I was not awakened except that a man lightly lifted me and placed something like a star in my belly. Then, as I pushed him away, I looked at him carefully, but I do not know who among Allah’s creation he was. He (Abu Musa) says: I wrote about this matter to Hazrat Umar. Hazrat Umar replied: Bring this woman and some people from her tribe to me. He says: We came to him during the Hajj season. Hazrat Umar, in a state of anger, said: Perhaps you have preceded me in the matter of this woman? I said: No, the woman and some people from her tribe are with me. Then he questioned the woman, and she told him the same thing she had told me. Then he asked her tribe about her, and they praised her. Upon this, Hazrat Umar said: The young woman of Thihamah is very fond of sleeping; sometimes such things happen. Then he provided her with food and clothing and advised her tribe to treat her well.

Hazrat Nazzal bin Sabrah narrates that while we were in Mina with Hazrat Umar, a heavyset woman was crying on a donkey. It was almost that the people, due to the crowd, would have killed her. They were saying: "You have committed adultery." When she reached Hazrat Umar, he asked: "What has made you cry? Indeed, sometimes a woman is even forced into immorality!" The woman said: "I am a woman who sleeps a lot, and Allah, the Lord of Honor, used to grant me the ability to pray at night. So one night I prayed and then I fell asleep. By Allah! No one woke me except that man who was already upon me. As I pushed him away and looked closely, I do not know who among Allah’s creation he was." Upon this, Hazrat Umar said: "If I were to kill her, I would fear the severity of Hell." Then he wrote to the cities: "No soul should be killed without reason."

Hazrat Urwah narrates that Hazrat Aisha (may Allah be pleased with her) said: "Avert punishments from the Muslims as much as you can. So when you find a way out for the Muslims, then let them go, because it is better for the ruler to err in forgiving than to err in punishing."