Question:
Today we see the application of the legal punishments (Hudood) on the Muslims by the ISIS. Will a person who is a legal punishment (Hadd) has been applied on him by the ISIS or by some states that might apply some Hudood, be acquitted of his sin before Allah on the Day of Resurrection and will not be held accountable …? Please explain.
From Ubada Ash-Shami
Answer:
Wa Alaikum Assalam wa Rahmatullahi wa Barakatuh,
The application of punishments expiates sins if it is from a state that rules by Allah’s laws. We have already answered this question on 22/01/2014 and I re-write the text here for you:
“With regards to the second question: Does the punishment expiate the sin on the Day of Resurrection? This is true if it is a legitimate punishment from an Islamic state, i.e a state that rules by Allah’s laws, and not by man-made laws. The explanation of that is as follow:
– Muslim reported that Ubada bin As-Samit said: The Messenger of Allah ﷺ said to us while we were in a gathering: «تُبَايِعُونِي عَلَى أَنْ لَا تُشْرِكُوا بِاللهِ شَيْئًا، وَلَا تَزْنُوا، وَلَا تَسْرِقُوا، وَلَا تَقْتُلُوا النَّفْسَ الَّتِي حَرَّمَ اللهُ إِلَّا بِالْحَقِّ، فَمَنْ وَفَى مِنْكُمْ فَأَجْرُهُ عَلَى اللهِ، وَمَنْ أَصَابَ شَيْئًا مِنْ ذَلِكَ فَعُوقِبَ بِهِ فَهُوَ كَفَّارَةٌ لَهُ، وَمَنْ أَصَابَ شَيْئًا مِنْ ذَلِكَ فَسَتَرَهُ اللهُ عَلَيْهِ، فَأَمْرُهُ إِلَى اللهِ، إِنْ شَاءَ عَفَا عَنْهُ، وَإِنْ شَاءَ عَذَّبَهُ» “Give me the oath (Bayah) for: Not to join anything in worship along with Allah, not to commit illegal sexual intercourse (zina), not to steal, and not to kill life that Allah has forbidden except for a just cause. Whoever amongst you fulfils his pledge, his reward will be with Allah, and whoever commits any of those sins and receives the legal punishment in this world for that sin then that punishment will be expiation for that sin. And whoever commits any of those sins and Allah does not expose him, then it is up to Allah if He wishes He will punish him or if He wishes, He will forgive him.”
So, the Hadith shows that whoever is punished in this world, his punishment expiates him on the Day of Resurrection, and he will not be punished for that sin in the Hereafter. It is clear from Hadith as well that the punishment that constitutes a Kaffara (expiation) is a punishment from an Islamic state, in which a Bayah is pledged to a Khaleefah to rule by Islam. Thus, the Prophet ﷺ began the Hadith by saying: «تُبَايِعُونِي… فَمَنْ وَفَى مِنْكُمْ فَأَجْرُهُ عَلَى اللهِ، وَمَنْ أَصَابَ شَيْئًا مِنْ ذَلِكَ فَعُوقِبَ بِهِ فَهُوَ كَفَّارَةٌ لَهُ» “Give me the oath (Bayah) ….. Whoever amongst you fulfils his pledge, his reward will be with Allah, and whoever commits any of those sins and receives the legal punishment in this world for that sin then that punishment will be expiation for that sin.”
Therefore, the punishment that constitutes expiation depends on the existence of Bayah, and the Bayah is given only to the ruler who rules by Islam. Hence the punishment that constitutes a Kaffara (expiation) of sin in the Hereafter is the punishment from the state that rules by Islam, and Allah knows Best and He is The Wisest)
Your brother,
Ata Bin Khalil Abu Al-Rashtah
26th Rajab 1438 AH
23/04/2017 CE
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