Exquisite Equitable Enforcement of Justice

In The Name of Allah, The Most Merciful, The Bestower of Mercy.

Equal Application of the Law On All Those Have Reached The Age of Accountability or Considered Accountable In Islamic Law

Aa’isha, may Allah be pleased with her, reported that the Quraish had been anxious about the Makhzumi woman who had committed theft, and said, “Who will speak to Allah’s Messenger, peace and blessings of Allah be upon him, about her?” They said, “Who dare it, but Usamah, the loved one of Allah’s Messenger?” So Usamah spoke to him. Thereupon Allah’s Messenger said, “Do you intercede regarding one of the punishments prescribed by Allah?” He then stood up and addressed (people) saying, “O people! Those who have gone before you were destroyed, because if any one of high status committed theft amongst them, they spared him; and if anyone of low status committed theft, they inflicted the prescribed punishment upon him. By Allah, if Fatima, daughter of Muhammad, were to steal, I would have her hand cut of”. (1)

“Do you intercede regarding one of the punishments prescribed by Allah?” Meaning, it is not permissible to intercede regarding the divine prescribed punishments.

“Those who have gone before you were destroyed because if any one of high status committed theft amongst them, they spared him; and if anyone of low status committed theft, they inflicted the prescribed punishment upon him”. Meaning, destroyed through punishment due to their sins. They were destroyed due to this matter because they said, “This is a person of high status and it is not possible to cut his hand”. When a person of high status amongst them stole, they let him off, (but) when a person of low status stole, they established the punishment on him, thus the implementation of Allah’s prescribed punishments was carried out based on their desires. In this hadith is proof to show that the nations before us committed theft, and that there was much theft in their midst including the wealthy, the poor, the one of high status and the one of low status.

The Messenger then made an oath – even though he is the righteous and truthful one without making an oath – that “By Allah, if Fatima, daughter of Muhammad, were to steal, I would have her hand cut of”.

O Allah! Send Your Salutations and blessings upon him (i.e. the prophet). This is how justice should be and the manner in which Allah’s rulings are to be applied, and not through desires. He made an oath that if Fatimah – who was of a higher status than that Makhzumi woman, both in nobility and lineage, because she is the leader of the women of paradise, the daughter of Muhammad – stole, he would cut her hand. (2)

Imaam An-Nawawi, may Allah have mercy upon him, stated that Imam Muslim, may Allah have mercy upon him, mentioned narrations in the chapter regarding the forbiddance of interceding in the divine ordained punishments and that this was the cause of the destruction of the Children of Israel. The scholars unanimously agreed that – due to these narrations – interceding in the divine ordained punishments – after the affair has reached the leader – is prohibited. As for before it reaches the leader, most scholars have permitted intercession if the one being interceded for is not an evil person and harmful to the people. As for the sins (or acts of disobedience) for which there are no prescribed punishments, then intercession regarding them is permissible whether the affair has reached the leader or not. Intercession in these affairs is desirable if the one being interceded for is not a harmful person and so on. (3)

[1] Saheeh Muslim. 1688a

[2] An Excerpt from Sharh Riyaadus Saaliheen 6/525-530 By Imam Muhammad Ibn Saalih Al-Uthaymeen (may Allah have mercy upon him)

[3] An Excerpt from ‘Sharh Saheeh Muslim’. 11/155