The Quraish became very worried about the Makhzumiya lady who had committed theft. They said, “Nobody can speak (in favor of the lady) to the Messenger of Allah and nobody dares do that except Usama who is the favorite of the Messenger of Allah صلى الله عليه وسلم.”
Rule of Law is equally applied
أَنَّ قُرَيْشًا أَهَمَّهُمْ شَأْنُ الْمَرْأَةِ الْمَخْزُومِيَّةِ الَّتِى سَرَقَتْ فَقَالُوا مَنْ يُكَلِّمُ فِيهَا رَسُولَ اللَّهِ -صلى الله عليه وسلم- فَقَالُوا وَمَنْ يَجْتَرِئُ عَلَيْهِ إِلاَّ أُسَامَةُ حِبُّ رَسُولِ اللَّهِ -صلى الله عليه وسلم- فَكَلَّمَهُ أُسَامَةُ فَقَالَ رَسُولُ اللَّهِ -صلى الله عليه وسلم- أَتَشْفَعُ فِى حَدٍّ مِنْ حُدُودِ اللَّهِ ثُمَّ قَامَ فَاخْتَطَبَ فَقَالَ أَيُّهَا النَّاسُ إِنَّمَا أَهْلَكَ الَّذِينَ قَبْلَكُمْ أَنَّهُمْ كَانُوا إِذَا سَرَقَ فِيهِمُ الشَّرِيفُ تَرَكُوهُ وَإِذَا سَرَقَ فِيهِمُ الضَّعِيفُ أَقَامُوا عَلَيْهِ الْحَدَّ وَايْمُ اللَّهِ لَوْ أَنَّ فَاطِمَةَ بِنْتَ مُحَمَّدٍ سَرَقَتْ لَقَطَعْتُ يَدَهَا
The Quraish became very worried about the Makhzumiya lady who had committed theft. They said, “Nobody can speak (in favor of the lady) to the Messenger of Allah and nobody dares do that except Usama who is the favorite of the Messenger of Allah صلى الله عليه وسلم.”
When Usama spoke to the Messenger of Allah about that matter, the Messenger of Allah صلى الله عليه وسلم said, “Do you intercede (with me) to violate one of the legal punishments of Allah?”
Then he got up and addressed the people, saying, “O people! The nations before were destroyed because if a noble person committed theft, they used to leave him, but if a weak person among them committed theft, they used to inflict the legal punishment on him. By Allah, if Fatima, the daughter of Muhammad committed theft, Muhammad will cut off her hand!”
(Bukhari/ Muslim)
Commentary
a. No one is above the law, and punishments are carried out equally irrespective of social standing or influence.
b. The narration makes it clear that the application of Hudood is obligatory upon those who infringe upon the limits laid down by Allah in the Quran and Sunnah, and that no attention should be paid to any attempts of intercession no matter the blame of the blamers.
c. There is no intercession with respect to the Rights of Allah سبحانه وتعالى, unlike the rights of man upon each such as in qisaas where it is permitted to accept blood money as an alternative to application of the punishment.
d. Deviation from applying the law equally upon the people is a reason for their decline and destruction.
e. The oath of the Prophet صلى الله عليه وسلم stating that he would apply the Hudood on his own daughter if the situation arose is a strong rhetoric emphasising that even the most closest ties of kinship can have no influence in the application of the law.
f. The universal application of the law is in contrast to many of the contemporary systems which boast such qualities and yet in reality the weight of the law and punishments falls disproportionately on the disadvantaged/ poorer elements of society who cannot afford the best legal representation or have the political connections to intervene.