Fatwa ID: 02871
Answered by: Maulana Moinul Abu Hamza
Assalamu Alaikum Wa Rahmatullah
My question is about- The people who commit a crime and when they repent their Tauba gets accepted and he enters Jannah.
But I even read – till the person who has been wronged forgives he will not be forgiven. For ex: If a person murdered someone, then did Tauba. Now there is no chance as the oppressed is dead to forgive. Then is it that there won't be any punishment for the murderer?
بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم
In the name of ALLAH the Most Gracious, the Most Merciful.
You have understood correctly that there are two dimensions to committing a sin. One is related to the rights of others and the other is the right of Allah (swt).
Hence one must seek forgiveness from Allah (swt) and if there is an infringement on the rights of another Muslim as opposed to a sin that inflicts one's self, then this must be dealt with by Al-Qisas which is retributory justice, Ad-Diyyah which is a compensation of the values of the value of one hundred camels or Al-'Afu which is the pardoning of the criminal. Hence the choices of the punishment are left to the victim or the closest kith and kin of the victim.
Unfortunately today we have no system of justice that is built on the Islamic sharia in its comprehensiveness so these punishments are not enforceable and therefore the perpetrator will be punished in the hereafter has not compensated or restored the right of the victim in the Dunya.
And Allah SWT knows best.
Answered by Maulana Moinul Abu Hamza
Checked and approved Mufti Mohammed Tosir Miah
Darul Ifta Birmingham