Abdullah (ra) said:
The first person who had his
hand amputated was an Ansari who was brought before the Prophet
Muhammad (pbuh). On that occassion it looked as if ashes had been
sprinkled on his face (i.e. the colour of the Prophet's face changed
because of sorrow).
The companions asked, 'Do you dislike
amputating his hand (for the crime), O Messenger of Allah?'
The
Prophet replied, 'What can stop me from expressing regret when you
have become allies with satan against your own friend? Allah is a
Forgiver and loves to Forgive. And any guardian of law has no
alternative butto administer the penalordinances when such a matter
is brought before him'.
Then the Prophet recited the following
verse, '...so overlook any human
faults with gracious forgiveness'
[Surah al Hijr (85): verse 15]
In another narration:
When
the mans hand was amputated, the Prophet burst into tears. When
asked, 'Why do you weep?' the Prophet replied, 'Why should I not weep
when the hand of the ummah is being cut in your presence?'
When
asked, 'Why did you not pardon him O Messenger of Allah?'. The
Prophet replied, 'The ruler who pardons a penal ordinance is the
worst one. It is better that you settle the matter amongst yourselves
instead of bringing them to the ruler'.
[Abdur Razzaque &
Abu Yula in Al Kanz Vol III p 117]
Notes:
1. Here
the statement of the Prophet stresses that forgiveness is utmost in
Islam
2. The Prophet shows that if a crime is committed and
the victim does NOT forgive the criminal, then when the matter goes
to court the ruler must apply the associated law. If however the
victim forgives the criminal then the law is not applied.
3.
In this example it was the chopping off of the hand for theft. If
the
victim of the theft forgave the man, then his hand would not
be chopped off.
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