Forgiveness in Ḥudūd: Valid Before Court, Not After
By: Imrān Ayyūb Lāhorī
❖ Principle
- If the victim forgives the thief before the case reaches the ruler (ḥākim), the ḥadd is waived.
- Once the case reaches the ruler, the ḥadd becomes obligatory and cannot be dropped by forgiveness.
❖ Evidence
➊ ʿAbd Allāh ibn ʿAmr (RA):
The Prophet ﷺ said:
“Taʿāfaw al-ḥudūd fīmā baynakum, fa-mā balaghnī min ḥaddin faqad wajab.”
“Forgive ḥudūd among yourselves, but once it reaches me, it has become obligatory.”
[Ṣaḥīḥ: al-Silsilah al-Ṣaḥīḥah: 1638; Abū Dāwūd: 4376; al-Nasā’ī: 8/70; al-Ḥākim: 4/383]
➋ When the Prophet ﷺ ordered the cutting of a thief’s hand, the owner of the stolen property said:
“I had already gifted it to him.”
The Prophet ﷺ replied:
“Halla kāna qabla an ta’tiyanī bihi?”
“Why did you not do that before bringing him to me?”
[Ṣaḥīḥ: Irwā’ al-Ghalīl: 2317; Abū Dāwūd: 4394; Musnad Aḥmad: 6/466; Muwaṭṭa’: 2/834; Ibn Mājah: 2595; al-Ḥākim: 4/380]
❖ Scholarly Opinions
- Abū Ḥanīfah (رحمه الله): Even after the case reaches the ruler, if the victim forgives, the ḥadd is dropped.
[al-Mabsūṭ: 9/186] - al-Shawkānī (رحمه الله): The aḥādīth clearly refute this; once it reaches the authority, ḥadd is obligatory.
[Nayl al-Awṭār: 4/582]
Conclusion
- Before court: Forgiveness cancels ḥadd.
- After court: Forgiveness no longer applies; the ḥadd must be enforced.
