The country has the right to establish kinds of penalties that would provide security for the whole community, and prevent whims from spreading chaos and oppression within its corners.

We already learned about some crimes the legislator didn�t talk about worldly punishments for them like usury, betrayal of partnership, running away from the battle field, cheating goods and medicines and the like of crimes.
The Judicial system is very capable on eradicating these crimes with the right punishment. It has the right to whip, imprison, or place financial fines�it might impose death penalty in cases of spying or high treason.

The whole world recognizes the principle of punishment over various violations but the difference between the nations lie in the amount and quality of punishment according to their circumstances.

Within the circle of reprimand lies all that hasn�t reached the legislative boundary limit, like those who steal below the legal amount set for cutting the hand, or like saying bad words about others without slandering them.

The most important in these reprimands is that they should discipline criminals by the rules of justice without reaching the limit of injustice in extreme punishments but they should not be too easy to be underestimated by criminals.

That�s why specialized panels in legislation, education, and social reforms should put them�while leaving the judge his freedom to act within the various degrees of the highest and lowest punishment possible. Keeping in mind that there is no punishment except after a crime and as told by the Prophet pbuh, �the back of a Muslim is a secured place except by right.�

And if any ruler or governor hit or commit injustice to one of the citizens without a crime then it would become a must for punishing him whatever his position was.
Being in position is not an excuse for committing injustice and Islam is not waiting for the faulty to fall in order to punish or reprimand him.

Religion would prefer covering the faulty and acting kind to them as long as they are not taking crimes for granted. Because if they did take them for granted then it would be a crime leaving them alone.
Leaving the criminal act as he may is a betrayal for the group and a waste for the common interest and justice in the society.

Scholars of Islam have all agreed that the boundaries of Islam should be carried out on the criminal�the criminal who doesn�t care more or less on what he has done and doesn�t fear doing any kind of ill deed.


Some of those taken by law might claim that they are not criminals by nature and that what they have done is just a forgivable sin�but reasonable judges will not be taken by this talk and wouldn�t leave these criminals get away without reasonable punishment.

Ibn Hazm (a scholar) narrated in his book under the title �Allah wouldn�t take a servant with his first bad deed.� He said, Abu Baker the Muslim�s Caliph was brought with a thief and he ordered his hand to be cut.
The thief said, forgive this one for me Oh Successor of the Prophet of Allah�I have never stolen before!
Abu Baker said you are a liar, I swear by He Who holds my soul (Allah) that Allah wouldn�t take his servant believer with the first bad deed he makes.

Anas bin Malik said:
A thief was brought to Omar bin Al-Khatab (the second Muslim Caliph) and he said I swear by Allah I never stole before this time.
Omar said, you lied�I swear by the Lord of Omar that Allah wouldn�t take a servant with his first bad deed.

It was said that Ali bin Abi Talib said, Allah is much more tolerant than to take his servant with the first bad deed he makes Oh Ameer Al-Moumineen.
So Omar ordered the man�s hand to be cut.
After he was cut Ali came to the man and asked him by Allah to tell them how many times he commit stealing before.
The man said 21 times!

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It is as if these Caliphs were certain when they carried out the boundary that one�s disobeying Allah wouldn�t get scandalized except after the proof that sin has become deep rooted within his blood and that he deserves the punishment he�s going to get.

What if this evil done hasn�t originated from a deep-rooted evil within the criminal�s soul?
It was narrated that the Prophet pbuh said, �Spare the boundaries among yourselves because when the boundary reaches me its going to be carried out.�

Although Ibn Hazm suspects the validity of these Hadeeths that came with this sense, he says:
The one who commits the sin for the first time is spared, while those who openly hurt others are taken to the ruler.

We say that evidences to be proven in legal boundaries is very difficult and were rarely established around an ordinary man. They would not be carried out except on one who is openly and challengingly doing his crimes and is blinded by carelessness and recklessness.
Such a person is not regretted upon that what happens to him because the society is healed by the punishment being set over him.

For the governor- in our view- the right to study the conditions of those who are brought to him.
If they were found to be dirty criminals deliberately causing harm to the society, boundaries would be carried out on them. If they were found with good intentions and a true repentance they would be left to go�

An important question rises here:
Are boundaries canceled by repentance?
It appears that the governor has the choice after carefully considering the case and conditions of the arrested, the extent of their faith and their repentance to Allah.

This is the opinion of the Imam (scholar) Ibn Taimiah.

For the scholar Ibn Hazm a long debate in the issue we report part of it here.

Are boundaries canceled by repentance or not?
Abu Muhammad said that a group of people said: All boundaries fall by Repentance.
And this narration was narrated by Abu Abd Al-Rhaman Al-Ash�ari which he took from Al-Shafi�ei�s(one of the Major scholars of Islam) opinion that he stated in Iraq and then withdrew from it in Egypt.

The group who accepted this narration accredited it by what was narrated from Yazeed bin Na�eem from his father:
That a man called Ma�iz bin Malik came to the prophet (pbuh) and told him, apply the book of Allah on me.
The Prophet turned away from him four times then he ordered him to be stoned. When the stones started to hit him he ran away� A man called Abdullah followed him and knocked him dead then he came to the Prophet and told him that. The Prophet pbuh said, �couldn�t you just leave him Allah might forgive him. Oh if you covered him with your cloth it would have been better for you.�

Another story of a woman who was raped by a man before dawn while in the way to the Mosque. She called for help from a man who passed by her and the man who attacked her ran away. Another group of people passed by her and she called for their help. They were able to catch the man who rescued her first and didn�t catch the attacker.
They came to the Prophet pbuh but she told him that this man is the attacker. The group of people told the Prophet that they caught him running. He said I was following the attacker and they confused me for him. She said he is a liar he is the one who raped me.
The Prophet ordered, �take him and stone him.�
A man came from the crowd and admitted that he is the one who attacked her. Three were gathered around the Prophet pbuh the one who attacked her, the one who rescued her, and the woman.
He said to the woman, �As for you Allah has forgiven you.� And he talked good with the one who rescued her.
Omar told the Prophet, stone the one who admitted adultery.
The prophet pbuh said, �No, he repented to Allah almighty.� And it was narrated by Ibn Omar that the Prophet pbuh added, �that he repented a repentance that if all the people of the city repented it would be accepted from them.�

Wa�ilah ibn Al-Asqaa said:
I witnessed that one day while I was with the Prophet when a man came to him and said, Oh Prophet of Allah I deserve to be taken by a boundary of Allah.
The Prophet pbuh turned away from him. The man came a second and third times and the Prophet pbuh turned away from him.
Then it was time for prayer, after prayer the man came for the fourth time to the Prophet and asked him to carry out the boundary on him.
The Prophet pbuh said, �Didn�t you make good wash (ablution) then you prayed with us. Go away this was your repentance.�

In another story narrated by Shaddad bin Abdullah Al-Bahili he said:
I was with the Prophet pbuh in the Mosque when a man came to him and said Oh prophet of Allah carry out the boundary on me.
It was time for Salat (Prayer) and after the Salat the man came again to the prophet.
The Prophet pbuh said, � Didn�t you wash in your house and then came and made Salat with us?� He said yes.
The Prophet said, �Allah has forgiven your sin or boundary.�

Anas narrated that a man came to the Prophet pbuh and said Oh messenger of Allah I committed adultery so carry out the boundary on me.
Then it was time for Salat and the man made Salat with the Prophet.
The Prophet said, �You were forgiven by your Salat.�

Abu Muhammad said: and they said Allah said:
The punishment of those who wage war against Allah and His Messenger, and strive with might and main for mischief through the land is: execution, or crucifixion, or the cutting off of hands and feet from opposite sides, or exile from the land: that is their disgrace in this world, and a heavy punishment is theirs in the Hereafter; Except for those who repent before they fall into your power: in that case, know that Allah is Oft-Forgiving, Most Merciful. [5:33-34]

They said:
The Quranic text is correct and the opinion of the majority is correct that the boundary mentioned in the verse is washed away by repentance if repentance was before being arrested.

So it is a must that this applies to all boundaries from adultery, theft, slandering, and drinking�

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Ibn Hazm refused this talk and weakened it from all aspects�and as for Hadeeths mentioned he weakened them by suspecting in their origins and the men who narrated them�
(Ibn Taimiah sees that Ibn Hazm was too strict in criticizing men and that he might weaken some narrators of Hadeeth who are fine and their Hadeeths are accepted.
What we verified from texts is taken from the book �Al-Muhalla�).

As for measuring the rest of boundaries on the boundary of cutting the roads and robbing people he refused that from the start because he doesn�t recognize measuring.
(Ibn Hazm refuses Qias �Measuring� and with this opinion he violates the majority of scholars who accept Qias as one of the four streams of Shari�ah �legislation�).

Though Qias in this issue precisely is still under consideration and is not of the evidences of Shari�ah.
Then Ibn Hazm started narrating of evidences and texts what testifies to his opinion that boundaries doesn�t fall by repentance.
There is no room here to mention his evidences.

What we relax to after considering the various points of view is what we said earlier that the court should clarify the conditions surrounding the accused and if it were certain from the criminality of the accused it should establish boundaries on them.
Or it might choose other penalties that might reprimand the accused or even forgive those who showed their repentance.

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