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Is It Permissible to Show Leniency in Prescribed Hudood Punishments?

🕌 Narration and Context​

From ʿĀʾishah (رضي الله عنها):

وَعَنْ عَائِشَةَ رَضِيَ اللَّهُ عَنْهَا... لَقَطَعْتُ يَدَهَا
ʿĀʾishah (رضي الله عنها) narrated that the Quraysh were deeply troubled by the case of a woman from the Makhzūmī tribe who had committed theft. They wondered who could speak to the Messenger of Allah ﷺ on her behalf. They said, “None would dare to speak to him except Usāmah ibn Zayd, the beloved of the Messenger of Allah ﷺ.”

So Usāmah (رضي الله عنه) spoke to the Prophet ﷺ, whereupon the Prophet ﷺ said:
"Are you interceding regarding one of the limits set by Allah?"

Then he stood up and addressed the people saying:
"O people! Those before you were destroyed because when a noble person among them stole, they let him go, but when a weak person stole, they imposed the legal punishment upon him. By Allah! If Fāṭimah, the daughter of Muḥammad, were to steal, I would cut off her hand."
Reference:

[Bukhārī: 6788, Muslim: 1688]

📚 Further Clarification from Another Narration​

In another narration:
A woman from the Makhzūmī tribe used to borrow items and then deny having borrowed them. The Prophet ﷺ commanded that her hand be cut off. Her family approached Usāmah (رضي الله عنه), who spoke to the Prophet ﷺ. The Prophet ﷺ rejected the intercession and affirmed the divine ruling.
[Muslim: 1688]

📌 Key Takeaways and Rulings​

Interceding after the case reaches the court and the crime is proven, especially when a ḥadd (prescribed punishment) is mandatory, is strictly forbidden.
No leniency should be shown in ḥudūd, even if the perpetrator is a close relative or a beloved individual. Justice must be upheld impartially.
Letting off a criminal due to favoritism or personal preference is a mockery and violation of Allah's limits. Doing so indicates a person values others more than the commands of Allah.
This hadith disapproves of the modern-day practice where influential people secure the release of murderers, adulterers, and infamous robbers within moments. Such intercessors are accountable before Allah. Systematic bias in justice where only the weak are punished leads to societal destruction.
The Makhzūmī woman had a habit of borrowing items and then denying them. The phrase from the hadith “تَسْتَعِيرُ الْمَتَاعَ وَتَجْحَدُهُ” serves as a description of her known behavior. The punishment of amputation was not due to this description alone, but due to an actual act of theft, as established by the narrations.

📘 Source:

This content is extracted from Ḍiyāʾ al-Islām fī Sharḥ al-Imām bi-Aḥādīth al-Aḥkām by Shaykh Taqī al-Dīn Abī al-Fatḥ, translated by Mawlānā Maḥmūd Aḥmad Ghaẓnfar.
 
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