may Allah be pleased with her:
The people of Quraish were in great dismay over a woman from the tribe of Makhosi who stole. The Companions said, who can speak to the Messenger of Allah (peace be upon him)? And no one can do this except Usamah (RA), the beloved of Rasulullah (Salalah Aalii Was Allam). Then Usamah (RA) spoke to Rasulullah (SAW). He said: Are you interceding for Allah’s punishment? Then he stood up and gave a sermon and said: O mankind! Verily those before you have gone astray. Because when a respectable person stole, they let him go. And when a weak person stole, he was punished by the Shariah. By God! If Fatimah, the daughter of Muhammad (peace be upon him) steals, then surely Muhammad (peace be upon him) will cut off her hand. [101] (Modern Publications – 6319, Islamic Foundation – 6331)
Footnote:
[101] The identity of the Makhdoom woman: She is Fatima bent Asad bin Abdul Asad bin Abdullah bin Amr bin, Makhdoom. She is the daughter of Umm Salama’s former husband Abu Salama’s brother.
It is known from the hadith:
(1) Intimidation of a judge adopting a double standard in adjudicating the same matter.
(2) Prohibition of recommendations regarding hudud or punishment.
(3) When the judgment reaches the ruler, it is his responsibility and duty to establish the hand.
(4) Acceptance of the thief’s repentance.
(5) The same provision for men and women as regards the extent or punishment of theft.
(6) The great characteristics of Usama (RA).
(7) The high status of Fatima (R.A.) to the Prophet (Salalah Aalii Was Allam).
(8) Suffering is permissible for the person punished after the hand or sentence has been imposed.
(9) Learning from the situation of previous nations, especially those who violated or disobeyed the Shariah.
(10) Avoidance of favoritism in the establishment of hard against the person on whom the hand or punishment has become imperative, whether he is his son or a near relative or dignitary.
(11) Emphasizing Hadd Qayyim and rejecting those who are flexible about it.
(12) Rejecting also those who intervene for recommendation in respect of persons for whom hard has become essential. (Faithful Bari)
Sahih Bukhari, Hadith No. 6788
Quality of Hadith: Sahih Hadith
Ubadah Ibn Samit (RA):
He said I pledged allegiance to the Messenger of Allah (may peace be upon him) with a group. He said: I swear to you that you will not associate anything with Allah, will not steal, will not kill your children, will not slander anyone before or behind your back, will not disobey me in an act according to the Shariah. He will keep his promises and reward him with Allah. And whoever does something from them and if he is punished in this world for that, then it will be the expiation of sin and purification of sin for him. And whose (faults) Allah has hidden is on Allah. (Allah) can punish him if He wills.
Abu ‘Abdullah [Imam Bukhari (RA)] said, If the thief repents after cutting off his hand, his testimony will be accepted. Likewise, this provision applies to every person who is punished by Shariat, when he repents, his testimony will be accepted. (Modern Publications-6332, Islamic Foundation-6345)
Sahih Bukhari, Hadith No. 6801
Quality of Hadith: Sahih Hadith
Narrated (RA):
He said, a group of people from the SQL tribe came to the Prophet (peace be upon him) and accepted Islam. But the weather of Madinah did not favor them. So, he ordered them to go to the camels and drink their urine and milk. They did so. As a result, they were cured. At last, they apostatized and killed the camel herders and took them away. Meanwhile, he sent men after them. They were brought. And cut off their hands and feet and put out their eyes with iron rods. But did not burn their wounds with iron. Finally, they died. [102] (Modern Publications – 6333, Islamic Foundation – 6346)
Footnote:
[102] A group of these tribes was severely punished according to the Sharifah, as they were (1) apostates, (2) murderers, (3) robbers, and (4) traitors.
Sahih Bukhari, Hadith No. 6802
Quality of Hadith: Sahih Hadi
Anas (RA):
He said A group of people from the SQL tribe came to the Prophet (peace be upon him). They lived in Suffer. Because the weather in Madinah was not favorable to them, they said, O Messenger of Allah! Arrange milk for us. He said: I do not find anything for you except that you go to the camel of the Messenger of Allah (may peace be upon him). They came to them. And drank their milk and urine. As a result, they became healthy and fat and killed the shepherd, and drove away the camels. When the news came to the Prophet (peace be upon him) he sent people to look for them. They were brought before the sun rose. Then he ordered me to bring an iron. He heated it and put out their eyes with it and cut off their hands and feet. However, the iron was heated and not applied. Then they were thrown into the hot desert. They wanted to drink water but were not allowed to drink. Finally, they died.
Narrated by Abu Hurairah (RA):
The Messenger of Allah (may peace be upon him) said: A fornicator is not a believer when he commits fornication. When someone drinks alcohol, he is not a believer. He who steals and steals is not a believer, and a robber steals in such a way that people look on helplessly; Then he is not a believer. [94]
Ibn Shihab (R.A.) …. Narrated the same on the authority of Abu Huraira (R.A.) from the Prophet (Salalah Aalii Was Allam). But it does not mention النُّهْبَةَ. [2475] (Modern Publications – 6303, Islamic Foundation – 6315)
Footnote:
[1] Punishment or penal code will be enforced by the administration. If anyone enforces this provision whenever and wherever he wants, not only the administrative infrastructure of a country will be destroyed but also the overall happiness and peace of a fair society will be threatened. As a result, the main objective of the punishment will be defeated. Because if the criminal is punished, others will learn from it and crime will be eradicated. Finally, the main purpose of punishment is to establish peace, order, and prosperity.
[2] Imam Nawabi said Scholars differed about the meaning and purpose of this hadith. According to his words, when the differences are combined, about 13 opinions are found. But interestingly, although there are 13 opinions, they all return to one another and conclude that the meaning is: (1) While indulging in the sins mentioned in the hadith, the one who commits them does not have faith. Then when he gives up these sins, faith returns. That is, while engaging in sinful activities, one becomes faithless. The proof of this is narrated by Abdullah bin Abbas in باب إثم الزنا in كتاب المحاربين by Imam Bukhari. And that is, قال عكرمة قلت لابن عباس كيف ينزع منه اليمان قال حديقة وشبك بين إلىسه Similar Hadith narrated by Imam Abu Dawud and Imam Hakeem in Sahih sources. He heard from Abu Hurairah (RA) and Abu Hurairah heard the Prophet (PBUH) saying:
And Imam Hakim ibn Hudhayfah narrates that he heard Abu Huraira say:
From adultery or drunkenness, God will not remove faith from him
One does not have full faith while engaging in sins. This means true believers do not commit these sins.
Here the perfection of faith is prohibited. For example, the evidence presented in favor of the interpretation of someone saying, لا علم إلا ما نفع is,
(A) Hadith narrated from Abu Dhar (RA): من قال لا إله إلى الله دخل جنة ون زنى ون سرق
(b) The well-known Sahih Hadith of Ubadah (RA):
(Faithful Bari)
Sahih Bukhari, Hadith No. 6772
Quality of Hadith: Sahih Hadith
