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Hudud With Taubah And Poverty
Have we been given any guidelines of whether hudud can be waived when there is taubah present?
Who will ascertain that at what point an orphan stole for hunger or some other reason and will wave hudud for them?
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4 Replies
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Hudud With Taubah And Poverty
updated 4 years, 10 months ago
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Replies
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It is not waiving of Hudud, it is actually application of those hudud in their true spirit.
A state has enough resources and intellect at its disposal to decide these circumstances of a perpetrator, just the way state decides in all other crimes.
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When does taubah cause this implementation? Eg for stolen wealth? Even if the actual crime was not form need but they now repent. Could the state repay from the bait al maal? Could the state completely waive the right to get wealth back or any sort of repercussion
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Taubah is a matter between a person and Allah, it has nothing to do with implementation of Hudood. Once a perpetrator has been nabbed by the state and prosecuted, the circumstances of a criminal and nature of crime will be judged irrespective of a person’s repentance. And while judging those factors, if for example, s state reaches this conclusion that an orphan child only stole something to eat or some other basic necessity and requires leniency, then state can also decide to make good to the owner with regards to monetary value of the stolen food from Bait-ul-maal.
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The State is suppose to look after its citizens rich or poor. If a young boy steals food because of hunger and poverty, the State has to answer what they did with their resources, was the Zakat distributed correctly amongst the needy. Allah will judge each person fairly.
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