Implementing the Hadd is not a Condition for a Valid Repentance
23-4-2018 | IslamWeb
Question:
Asalam o Alaykum!!!( Please reply to this question) I have three questions regarding same issue. I know this question has been raised by so many people and you have answered it so many times on your website and I have seen all of that. But I still have Slight confusion if you can clear that Firstly- If a person does some sin liable to Hadd or Tazir like Zina, theft,slandering someone of adultery, etc and repents and return people their rights (if he violates any) but does not get the required punishment because his sin did not reach Islamic authorities. Is that enough for that person to repent and conceal all his sin if he lives in an Islamic state? I know you will say that repentance is enough based upon all conditions of repentance fulfilled. But still I have listened to some scholars who says that repentance is not enough for these sins as Allah has prescribed a Hadd or Tazir penalty for that and the meaning of repentance for that kind of sins means application of hadd so a sinner must confess his sins to be punished. But the mainstream scholars says just repentance wipes out all sins even when you are punished. So are these scholars not educated enough on this matter or are giving wrong fatwas who are saying that without application of Hadd or Tazir, there is no forgiveness. Please clear up this confusion that is it compulsory for that person to confess or is it compulsory for the witnesses to report what sin they have seen (if there are any witnesses) so that person can be punished or just true repentance made with sincere heart is enough. What is the correct opinion of scholars? Secondly what is meant by this statement in fatwa 182875 that confessing sin should only be done when Shariah of Allah is applied. I know some cases in which a few people committed Zina and told reliable scholars from Saudi Arabia asked them to go away and repent only
Answer:
All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad 
is His slave and Messenger.
It is not a condition to implement the Hadd [a corporal punishment prescribed for crimes] for the repentance to be valid. Rather, if a person sincerely repents from a sin that necessitates Hadd, and returned the rights to their owners, in case the sin was related to the rights of the people, then his repentance is valid and he is acquitted from sin.
The evidence proving this is the narration which ‘Abdullaah ibn ‘Umar 
narrated in which the Prophet said: "Avoid these filthy things [sins] which Allah has forbidden, but if anyone commits any of them, then let him conceal that which Allah has concealed, and let him repent, for whoever discloses to us what he has done, we will carry out the punishment prescribed in the Book of Allah the Al-Mighty on him." [Al-Haakim and Al-Bayhaqi, and Al-Albaani classified it as authentic]
Al-Munaawi 
said: "It is obligatory on a Mukallaf [a person competent for religious assignment; i.e., reached puberty and is sane] who committed a sin that requires a Hadd, to conceal himself and repent. If he confesses his sin to the ruler, then the Hadd or Ta’zeer [a discretionary punishment] should be implemented on him.” [End of quote]
As far as we know, there is no scholar who conditioned the implementation of the Hadd for the repentance to be valid. The difference of opinion is about whether it is better to confess the sin to the ruler so that the Hadd will be implemented on him, like what Maa’iz and female companion from Al-Ghaamidi tribe did [they confessed their sin of Zina to the Prophet] or is it better that he repents between him and Allah?
This is not the place for analyzing which view is the most preponderant on this issue. Rather, it is enough to state that it is not a condition to implement the Hadd for the repentance to be valid.
Based on this, you would know the answer to what you have mentioned in the question, and that what the Shaykh whom you mentioned in your second question did was something good.
Again, as far as we know, there no scholar who conditioned the implementation of Hadd for the validity of the repentance. Therefore, it would have been better if you had attributed the statement to a specific scholar so that we could discuss it.
For more benefit on the definition of Hadd and Ta’zeer, please refer to Fatwa 366016.
Allah knows best.