In fiqh, it is distinguished between criminal cases that have been reported to the ululamri (government) and those that have not been reported. For criminal cases there is a hadd penalty , if it has been reported to the ulema, then the hadd sentence must be enforced. As for what has not been reported to the ulema, then it is not obligatory to enforce hadd and can be forgiven.
Reported cases
It was narrated on the authority of Abdullah bin Mas'ud Radiallahu'anhu that he said,
I remember the first man that the Messenger of God, may God’s prayers and peace be upon him, cut him off. A thief was brought and ordered to cut him off. It was as if the face of the Messenger of God, may God’s prayers and peace be upon him, was unfortunate. They said: O Messenger of God, as if you hated cutting it? He said: What prevents me? ! Do not be the helpers of Satan against your brother. It is not appropriate for the imam, if a limit is reached, but to establish it. Indeed, God is forgiving and He loves to forgive. {And let them forgive and forgive. Do you not love that God forgive and forgive?}
“I remember a time when a man had his hand cut off by Rasulullah Shallallahu 'alaihi wasallam . At that time, a thief was brought before him, and the thief's hand was cut off.
But it is as if the Prophet sallallaahu 'alaihi wasallam regretted having cut off the person's hand. So the companions said, 'O Messenger of Allah, do you not like to cut off the hand of this person?'
The Prophet said, 'What prevents me from cutting it? Do not be the helpers of the devil to seduce your brothers (not to enforce the hadd, pent.). Indeed it is not permissible for a leader if a criminal case has been brought against him, then he does not uphold the hadd.
Lo! Allah is Oft -Forgiving, Most Merciful. Allah says (which means), 'and let them forgive and be open -minded. Don't you want God to forgive you? And Allah is Most Forgiving, Most Merciful ' "(QS. An Nur: 22)" (HR. Ahmad [6/100], di- hasan -kan Al-Albani in Silsilah Ash-Shahihah [4/182]).
This hadith shows that if a criminal case involving hadd punishment has been reported to the ulema, then it is obligatory for the ululamri to enforce the hadd (punishment) and there is no gap to forgive even though they really want to forgive.
Sheikh Abdul Aziz bin Baz Rahimahullah said, "The Prophet sallallaahu 'alaihi wasallam explained that enforcing the punishment of hadd is an important matter. That in this case intercession is not allowed after the matter reaches the ruler. Even the hadd punishment must be carried out, if indeed the matter reaches the authorities. So that there is a deterrent effect in the community from doing what God has forbidden. That is also the reason for the community's istikamah in doing what Allah Ta'ala commands, and in order to uphold the rights of Allah Subhanahu wa ta'ala "(http://www.binbaz.org.sa/mat/11950).
Ibn Daqiq Al-Ied Rahimahullah when explaining the long hadith of Bukhari-Muslim about the Mahzumiyyah woman whose hand was cut off, he explained, “This hadith is a proof that it is forbidden to intercede for a hadd punishment after the matter has reached the hands of the judge/ruler. In this hadith there is also a description of how fatal the act of al-muhabah (nepotism) against the honorable people in violation of the rights of Allah Ta'ala "( Ihkamul Ahkam , 2: 248).
Unreported cases
As for as long as it has not been reported to ululamri, then there is a gap to forgive. Especially for good people who slip into mistakes. The Prophet sallallaahu 'alaihi wasallam said,
ِقِيلُوا ذَوِي الْهَيْئَاتِ زَلَّاتِهِمْ
"Forgive the slipping of good people" (Narrated by Ibn Hibban no. 94).
In another narration the Prophet sallallaahu 'alaihi wasallam said,
Those with bodies were dismissed with their stumbles, except for the limits
"Forgive the slipping of dzawil haiah (people of good name), unless affected by hadd" (HR. Abu Daud no. 4375, Authenticated by Al-Albani in Ash-Shahihah no. 638).
Ali Al-Qari Rahimahullah said, “The scholars have agreed on the prohibition of intercession in hadd matters after the matter reached the hands of the imam (judge) based on this hadith. That is because in this hadith there is a prohibition on giving intercession. As for before the matter reaches the hands of the imam (judge), most scholars allow it if the person who commits the immorality is not a person who used to do bad things or a person who likes to disturb others. As for the immorality that is subject to the punishment of ta'zir (not hadd ), then there may be intercession (people close to the convict, important.) And it is permissible (for the judge, important) to give intercession, whether the matter reaches the imam or not, because it is lighter (from hadd). Even the law is mustahab (recommended), if the perpetrator of the immorality is not a person who is used to giving disturbances” ( Mirqatul Mafatih , 6:2367).
An-Nawawi Rahimahullah said, "The intention is to cover up the faults of people who have a good name and such as those who are not known to like to do harm and damage. As for people who like to do disturbances and damage, it is recommended not to cover up their mistakes. It is even recommended that the case be submitted to the waliyul amri if there is no fear of mafsadah ” ( Sarah Sahih Muslim , 16:135).
Therefore, sometimes it needs to be forgiven and sometimes it needs to be reported.
Among the noble morals is one who forgives people who do wrong. Allah Ta'ala says,
الَّذِينَ يُنْفِقُونَ فِي السَّرَّاء وَالضَّرَّاء وَالْكَظِمِينَ الْغَيْظَ وَالْعَافِينَ عَنِ النَّاسِ وَاللَّهُ يُحِبُّ الْمُحْس
"(namely) those who spend (their wealth), both in time and in narrow times, and those who hold back their anger and forgive (mistakes) people. Allah loves those who do good” (Surah Ali-Imran: 134).
Sheikh Muhammad ibn Salih Al Uthaymeen Rahimahullah explained, “Among the forms of dealing with noble morals to others is if you are oppressed or treated badly by someone, then you forgive him. Because Allah Ta'ala has praised those who like to forgive others "( Makarimul Akhlak , p. 25).
So there is no doubt that forgiveness is more important in general. However, forgiveness is not always better and more important. Allah Ta'ala says,
وَجَزَاءُ سَيِّئَةٍ سَيِّئَةٌ مِثْلُهَا فَمَنْ عَفَا وَأَصْلَحَ فَأَجْرُهُ عَلَى اللَّهِ إِنَّهُ لَ يُحِبُّ الظَّالِمِينَ
“And the recompense of a crime is a similar crime. Whoever forgives and makes amends, then his reward is on (the responsibility) of Allah. Indeed, He does not like the unjust ” (QS. Asy Syura: 40).
Sheikh Muhammad bin Salih Al Uthaymeen Rahimahullah explained, "In this verse, Allah associates forgiveness with ishlah (improvement). So forgiveness sometimes does not provide improvement.
Sometimes the person who has wronged you is a depraved person, who is known by society as a bad and corrupt person. If you forgive him, then he will continue to do bad things and become more corrupt. So what is more important in this condition, you punish this person for the evil deeds he did. Because then there will be ishlah (improvement).
Shaykh al -Islam Ibn Taymiyyah Rahimahullah said,
Reform is obligatory and forgiveness is delegated, so if in forgiveness the reform is missed, then this means that we have presented a delegate to the duty. This does not come from Sharia
' Ishlah (repair) is obligatory, while forgiving is sunnah. If by forgiving instead makes no improvement, then this means that we prioritize the sunnah over the obligatory. There is no such thing in the Shari'ah.'
It is true what he (Shaykh al -Islam Ibn Taymiyyah) said, rahimahullah "( Makarimul Akhlak , p. 27).
So sometimes, not forgiving and imposing punishment is more important. If indeed the punishment will be good for the perpetrator, good for society or good for religion.
Wallahu a'lam .
Sumber: muslim.or.id
