“O Messenger of Allah, judge between us according to the Book of Allah.” The other man—who was more knowledgeable than he—said, “Yes, O Messenger of Allah, judge between us according to the Book of Allah, and permit me to speak.” He said, “Speak.” The man said, “My son was employed by this man—as a hired laborer—and committed illicit sexual intercourse with his wife. I paid this man one hundred sheep and a servant to redeem my son. I then asked some men of knowledge, and they informed me that my son was liable to one hundred lashes and banishment for a year, while this man’s wife was liable to stoning.” He said, “By Him in Whose hand is my soul, I shall certainly judge between you according to the Book of Allah: the one hundred sheep and the servant are to be returned to you, and your son is to receive one hundred lashes and be banished for a year. Go in the morning, O Unays, to this man’s wife and question her; if she confesses, stone her.” He questioned her, and she confessed, so he stoned her.
This hadith shows that when this money was given on behalf of the offender to avert the prescribed punishment from him, the Prophet (peace and blessings be upon him) ordered that it be returned to its owner and that the prescribed punishment be carried out. He did not take the money for the Muslims—whether those engaged in jihad, the poor, or anyone else.
The Muslims unanimously agree that it is impermissible to waive a prescribed punishment in exchange for money taken or for any other consideration. They also unanimously agree that [أ/ق 28] money taken from a person guilty of illicit sexual intercourse, a thief, one who drinks intoxicants, an armed brigand—a highway robber (1)—or anyone similar, in order to waive the prescribed punishment, is foul, unlawful gain.
Much of the corruption found in people’s affairs stems precisely from waiving prescribed punishments on account of money or influence. This is among the greatest causes of corruption among the inhabitants of desert regions, villages, and cities: the Bedouins, Turkmens, Kurds, peasants, and partisans of factions such as Qays and Yaman, as well as the settled population—including the people’s leaders, their rich and poor, their rulers, commanders, and soldiers. It also causes the person in authority to lose the respect due to him and his standing to fall from