He committed zinaa then he became Muslim; should he be subjected to the punishment?
If a kaafir commits zinaa (unlawful sexual intercourse) then he becomes Muslim, should the hadd punishment be carried out on him?
Praise be to Allaah.
If a dhimmi (Jew or Christian living under the protection of the Islamic state) commits zinaa then becomes Muslim, and there is evidence to prove that he did commit zinaa, the hadd punishment is no longer to be applied to him; he should not be punished by either hadd (punishment specified in sharee’ah) or ta’zeer (punishment to be specified by the qaadi or Muslim judge in a particular case). This was the view of al-Shaafa'i, based on the aayah (interpretation of the meaning):
“Say to those who have disbelieved, if they cease (from disbelief), their past will be forgiven” (al-Anfaal 8:38).
“Islam wipes out whatever came before it.” (Narrated by Muslim from ‘Amr ibn al-‘Aas).
The Qur’aan also states that the punishment for a thief or bandit is no longer applicable if they repent, so this reprieve is more applicable in the case of a kaafir (who becomes Muslim). Moreover, enforcing the punishment would put people off Islam. This is the same reason which is given by scholars for stating that a person who enters Islam does not have to make up the prayers that he has missed. And Allaah knows best.
Fataawa al-Imaam al-Nawawi, 223
http://islamqa.info/en/8895
I don't want to post the link but it is a good story.
I am an American convert to Islam. I made my
Shahada, or Profession of Faith, at a mosque in Kansas City on June 4th, 1993, in the presence of several Muslim brothers after due instruction and a great deal of personal research and soul searching.
Childhood was difficult, filled with poverty, abuse, alcoholism, and tragedy -- the deaths of parents, a sibling, and that of a close childhood friend in an accident at age 10 in which I survived and he did not -- which lead to a life of drugs, hustling, booze, a nervous breakdown and several suicide attempts. It took years of counseling to sort out the mess that was my life.
At that time, in Kansas City, most Muslim converts were Black. I was not. I was quite frequently the only white face staring up at the Iman during his sermons. Given the racial tensions of the time, I expected to be kept at arm's length, but I found just the opposite: these Black men, these Muslim converts like myself, made no issue of race. I was welcomed as any other Muslim would be.
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