فَمَنْ تَابَ مِنْ بَعْدِ ظُلْمِهِ وَأَصْلَحَ فَإِنَّ اللَّهَ يَتُوبُ عَلَيْهِ ۗ إِنَّ اللَّهَ غَفُورٌ رَحِيمٌ
But whoever repents after his wrongdoing and reforms, indeed, Allah will turn to him in forgiveness. Indeed, Allah is Forgiving and Merciful.
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(O Messenger! Let not them grieve thee who vie one with another in the race to disbelief…) [5:41-47]. AbuBakr Ahmad ibn al-Hasan al-Hiri informed us by dictation> Abu Muhammad, the chamberlain of Ibn Ahmadal-Tusi> Muhammad ibn Hammad al-Abiwardi> Abu Mu'awiyah> al-A'mash> 'Abd Allah ibn Murrah> al-Bara'ibn 'Azib who said: “One day, the Messenger of Allah, Allah bless him and give him peace, passed by aJewish man who had just been flogged and had his face darkened with coal. He summoned the Jews andasked them: 'Is this what your Scripture decrees as punishment for the adulterer?' 'Yes!' they replied. Hethen summoned one of their doctors and asked him: 'I implore you by Allah who has sent the Torah toMoses, is this what your Scripture decrees as punishment for the adulterer'. He said: 'No! And if you had notimplored me by Allah, I would not tell you. Our Scripture rules that the punishment of the adulterer isstoning. But it became widespread among our notables. Initially, when one of the notables committedadultery, we left him unpunished while we applied stoning on the communality in cases of adultery. Then wedecided to look for a punishment that was applied on both the notables and communality of people. And sowe agreed on darkening the face with coal and flogging to replace stoning'. The Messenger of Allah, Allahbless him and give him peace, said: 'O Allah! I am the first to reapply your command after they hadsuspended it'. And he ordered that the Jewish man be stoned. Allah, exalted is He, then revealed (OMessenger! Let not them grieve thee who vie one with another in the race to disbelief) up to His words (Ifthis be given unto you, receive it…), they said: 'Go to Muhammad; if he directs you to flog the adulterer anddarken his face with coal and apply flogging, then follow him. But do not follow him if he directs you toapply stoning on him'. Up to His words (Whoso judgeth not by that which Allah hath revealed: such aredisbelievers) [5:44]. He said: 'This relates to the Jews'. Up to His words (Whoso judgeth not by that whichAllah hath revealed: such are wrong-doers) [5:45]. He said: 'This relates to the Christians'. Up to His words(Whoso judgeth not by that which Allah hath revealed: such are evil-livers) [5:47]. He said: 'This relates toall disbelievers'. Narrated by Muslim from Yahya ibn Yahya from Abu Mu'awiyah”. Abu 'Abd Allah ibn AbiIshaq informed us> Abu'l-Haytham Ahmad ibn Muhammad ibn Ghawth al-Kindi> Muhammad ibn 'Abd Allahibn Sulayman al-Hadrami> Abu Bakr ibn Abi Shaybah> Abu Mu'awiyah> al-A'mash> 'Abd Allah ibn Murrah>al-Bara' ibn 'Azib who related that the Prophet, Allah bless him and give him peace, stoned a Jewish manand a Jewish woman and said afterwards: “(Whoso judgeth not by that which Allah hath revealed: such aredisbelievers) [5:44], (Whoso judgeth not by that which Allah hath revealed: such are wrong-doers) [5:45],(Whoso judgeth not by that which Allah hath revealed: such are evil-livers) [5:47]. All these three verseswere revealed about the disbelievers”. This was narrated by Muslim from Abu Bakr ibn Abi Shaybah.
وَالسَّارِقُ وَالسَّارِقَةُ فَاقْطَعُواْ أَيْدِيَهُمَا جَزَآءً بِمَا كَسَبَا نَكَـلاً مِّنَ اللَّهِ وَاللَّهُ عَزِيزٌ حَكِيمٌ - فَمَن تَابَ مِن بَعْدِ ظُلْمِهِ وَأَصْلَحَ فَإِنَّ اللَّهَ يَتُوبُ عَلَيْهِ إِنَّ اللَّهَ غَفُورٌ رَّحِيمٌ - أَلَمْ تَعْلَمْ أَنَّ اللَّهَ لَهُ مُلْكُ السَّمَـوَتِ وَالاٌّرْضِ يُعَذِّبُ مَن يَشَآءُ وَيَغْفِرُ لِمَن يَشَآءُ وَاللَّهُ عَلَى كُلِّ شَىْءٍ قَدِيرٌ
(38. And (as for) the male thief and the female thief, cut off their hands as a recompense for that which both committed, a punishment by way of example from Allah. And Allah is All-Powerful, All-Wise.)
(39. But whosoever repents after his crime and does righteous good deeds, then verily, Allah will pardon him. Verily, Allah is Oft-Forgiving, Most Merciful.)
(40. Know you not that to Allah (Alone) belongs the dominion of the heavens and the earth! He forgives whom He wills and He punishes whom He wills. And Allah is able to do all things.)
Allah commands and decrees that the hand of the thief, male or female be cut off. During the time of Jahiliyyah, this was also the punishment for the thief, and Islam upheld this punishment. In Islam, there are several conditions that must be met before this punishment is carried out, as we will come to know, Allah willing. There are other rulings that Islam upheld after modifying these rulings, such as that of blood money for example. When Does Cutting the Hand of the Thief Become Necessary In is recorded in the Two Sahihs that Abu Hurayrah said that the Messenger of Allah said, n
«لَعَنَ اللهُ السَّارِقَ يَسْرِقُ الْبَيْضَةَ فَتُقْطَعُ يَدُهُ، وَيَسْرِقُ الْحَبْلَ فَتُقْطَعُ يَدُه»
(May Allah curse the thief who steals an egg and as a result his hand is cut off, and who steals rope and as a result his hand is cut off.) Al-Bukhari and Muslim recorded that `A'ishah said that the Messenger of Allah said,
«تُقْطَعُ يَدُ السَّارِقِ فِي رُبْعِ دِينَارٍ فَصَاعِدًا»
(The hand of the thief shall be cut off if he steals a quarter of a Dinar or more.) Muslim recorded that `A'ishah, may Allah be pleased with her, said that the Messenger of Allah said,
«لَا تُقْطَعُ يَدُ السَّارقِ إِلَّا فِي رُبْعِ دِينارٍ فَصَاعِدًا»
(The hand of the thief shall only be cut off if he steals a quarter of a Dinar or more.) This Hadith is the basis of the matter since it specifies (that the least amount of theft that deserves cutting the hand) is a quarter of a Dinar. So this Hadith fixes the value. And saying that it is three Dirhams is not a contradiction. This is because the Dinar in question was equal to twelve Dirhams, so three Dirhams equalled a fourth of a Dinar. So in this way it is possible to harmonize these two views. This opinion was reported from `Umar bin Al-Khattab, `Uthman bin `Affan,
In is recorded in the Two Sahihs that Abu Hurayrah said that the Messenger of Allah said, n
«لَعَنَ اللهُ السَّارِقَ يَسْرِقُ الْبَيْضَةَ فَتُقْطَعُ يَدُهُ، وَيَسْرِقُ الْحَبْلَ فَتُقْطَعُ يَدُه»
(May Allah curse the thief who steals an egg and as a result his hand is cut off, and who steals rope and as a result his hand is cut off.) Al-Bukhari and Muslim recorded that `A'ishah said that the Messenger of Allah said,
«تُقْطَعُ يَدُ السَّارِقِ فِي رُبْعِ دِينَارٍ فَصَاعِدًا»
(The hand of the thief shall be cut off if he steals a quarter of a Dinar or more.) Muslim recorded that `A'ishah, may Allah be pleased with her, said that the Messenger of Allah said,
«لَا تُقْطَعُ يَدُ السَّارقِ إِلَّا فِي رُبْعِ دِينارٍ فَصَاعِدًا»
(The hand of the thief shall only be cut off if he steals a quarter of a Dinar or more.) This Hadith is the basis of the matter since it specifies (that the least amount of theft that deserves cutting the hand) is a quarter of a Dinar. So this Hadith fixes the value. And saying that it is three Dirhams is not a contradiction. This is because the Dinar in question was equal to twelve Dirhams, so three Dirhams equalled a fourth of a Dinar. So in this way it is possible to harmonize these two views. This opinion was reported from `Umar bin Al-Khattab, `Uthman bin `Affan, `Ali bin Abi Talib - may Allah be pleased with them - and it is the view of `Umar bin `Abdul-`Aziz, Al-Layth bin Sa`d, Al-Awza`i, and Ash-Shafi`i and his companions. This is also the view of Imam Ahmad bin Hanbal and Ishaq bin Rahwayh in one of the narrations from him, as well as Abu Thawr, and Dawud bin `Ali Az-Zahari, may Allah have mercy upon them. As for Imam Abu Hanifah and his students Abu Yusuf, Muhammad and Zufar, along with Sufyan Ath-Thawri, they said that the least amount of theft that deserves cutting off the hand is ten Dirhams, whereas a Dinar was twelve Dirhams at that time. The first ruling is the correct one, that the least amount of theft is one forth of a Dinar or more. This meager amount was set as the limit for cutting the hand, so that the people would refrain from theft, and this is a wise decision to those who have sound comprehension. Hence Allah's statement,
جَزَآءً بِمَا كَسَبَا نَكَـلاً مِّنَ اللَّهِ وَاللَّهُ عَزِيزٌ حَكِيمٌ
(as a recompense for that which both committed, a punishment by way of example from Allah. And Allah is All-Powerful, All-Wise.) This is the prescribed punishment for the evil action they committed, by stealing the property of other people with their hands. Therefore, it is fitting that the tool they used to steal the people's wealth be cut off as punishment from Allah for their error.
وَاللَّهُ عَزِيزٌ
(And Allah is All-Powerful, ) in His torment,
(All-Wise.) in His commands, what he forbids, what He legislates and what He decrees.
Allah said next,
فَمَن تَابَ مِن بَعْدِ ظُلْمِهِ وَأَصْلَحَ فَإِنَّ اللَّهَ يَتُوبُ عَلَيْهِ إِنَّ اللَّهَ غَفُورٌ رَّحِيمٌ
(But whosoever repents after his crime and does righteous good deeds, then verily, Allah will pardon him. Verily, Allah is Oft-Forgiving, Most Merciful.) Therefore, whoever repents and goes back to Allah after he commits theft, then Allah will forgive him. Imam Ahmad recorded that `Abdullah bin `Amr said that a woman committed theft during the time of the Messenger of Allah and those from whom she stole brought her and said, "O Allah's Messenger! This woman stole from us.'' Her people said, "We ransom her.'' The Messenger of Allah said,
«اقْطَعُوا يَدَهَا»
(Cut off her hand.) They said, "We ransom her with five hundred Dinars.'' The Prophet said,
«اقْطَعُوا يَدَهَا»
(Cut off her hand.) Her right hand was cut off and the woman asked, "O Messenger of Allah! Is there a chance for me to repent'' He said,
«نَعَمْ أَنْتِ الْيَوْمَ مِنْ خَطِيئَتِكِ كَيَوْمَ وَلَدَتْكِ أُمُّك»
(Yes. This day, you are free from your sin just as the day your mother gave birth to you.) Allah sent down the verse in Surat Al-Ma'idah,
فَمَن تَابَ مِن بَعْدِ ظُلْمِهِ وَأَصْلَحَ فَإِنَّ اللَّهَ يَتُوبُ عَلَيْهِ إِنَّ اللَّهَ غَفُورٌ رَّحِيمٌ
(But whosoever repents after his crime and does righteous good deeds (by obeying Allah), then verily, Allah will pardon him. Verily, Allah is Oft-Forgiving, Most Merciful.) This woman was from the tribe of Makhzum. Her story was narrated in the Two Sahihs from Az-Zuhri from `Urwah from `A'ishah, The incident caused concern for the Quraysh after she committed the theft during the time of the battle of the Conquest of Makkah. They said, "Who can talk to Allah's Messenger about her matter'' They then said, "Who dares speak to him about such matters other than Usamah bin Zayd, his loved one.'' When the woman was brought to the Messenger of Allah , Usamah bin Zayd talked to him about her and the face of the Messenger changed color (because of anger) and he said,
«أَتَشْفَعُ فِي حَدَ مِنْ حُدُودِ اللهِ عَزَّ وَجَلَّ؟»
(Do you intercede in a punishment prescribed by Allah) Usamah said to him, "Ask Allah to forgive me, O Allah's Messenger!'' During that night, the Messenger of Allah stood up and gave a speech and praised Allah as He deserves to be praised. He then said,
«أَمَّا بَعْدُ فَإِنَّمَا أَهْلَكَ الَّذِينَ مِنْ قَبْلِكُمْ أَنَّهُمْ كَانُوا إِذَا سَرَقَ فِيهِمُ الشَّرِيفُ تَرَكُوهُ، وَإِذَا سَرَقَ فِيهِمُ الضَّعِيفُ أَقَامُوا عَلَيْهِ الْحَدَّ، وَإِنِّي وَالَّذِي نَفْسِي بِيَدِهِ لَوْ أَنَّ فَاطِمَةَ بِنْتَ مُحَمَّدٍ سَرَقَتْ لَقَطَعْتُ يَدَهَا»
(Those who were before you were destroyed because when an honorable person among them would steal, they would leave him. But, when a weak man among them stole, they implemented the prescribed punishment against him. By Him in Whose Hand is my soul! If Fatimah the daughter of Muhammad stole, I will have her hand cut off.) The Prophet commanded that the hand of the woman who stole be cut off, and it was cut off. `A'ishah said, `Her repentance was sincere afterwards, and she got married and she used to come to me so that I convey her needs to the Messenger of Allah.'' This is the wording that Muslim collected, and in another narration by Muslim, `A'ishah said, "She was a woman from Makhzum who used to borrow things and deny that she took them. So the Prophet ordered that her hand be cut off.'' Allah then said,
أَلَمْ تَعْلَمْ أَنَّ اللَّهَ لَهُ مُلْكُ السَّمَـوَتِ وَالأَرْضِ
(Know you not that to Allah (Alone) belongs the dominion of the heavens and the earth!) He owns everything and decides what He wills for it and no one can resist His judgment,
فَيَغْفِرُ لِمَن يَشَآءُ وَيُعَذِّبُ مَن يَشَآءُ وَاللَّهُ عَلَى كُلِّ شَيْءٍ قَدِيرٌ
(He forgives whom He wills and punishes whom He wills. And Allah is able to do all things.)
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Namun demikian, tobatnya itu tidak menggugurkan hak anak Adam, berupa pemotongan tangan dan pengembalian haknya. Tetapi jika pemiliknya memaafkan sebelum dilaporkan kepada pemerintah, maka pemotongan tangan gugur.
