Sa'd. Al-Shafi'i also held this view. The people of Kufa said: Banishment means imprisonment, which is itself a form of banishment from the land. Muhammad ibn Jarir said: He is banished from his town to another town and imprisoned there, in the town to which he has been banished, until his repentance becomes evident. Umar ibn al-Khattab, may Allah be pleased with him, was the first to imprison people in prisons. (1) He said: “I imprison him until I know that he has repented, rather than banishing him to a town whose people he would then harm.”

“That” is, the prescribed punishment I have mentioned—“is disgrace for them”: punishment, humiliation, and public exposure. “In this world; and for them in the Hereafter is a tremendous punishment.”

“Except for those who repent before you overcome them. Then know that Allah is All-Forgiving, Most Merciful.” (34)

“Except for those who repent before you overcome them. Then know that Allah is All-Forgiving, Most Merciful.” Whoever holds that the verse was revealed concerning the disbelievers says that its meaning is: except for those who repent from their polytheism and embrace Islam before they are apprehended; no prescribed penalties may then be imposed upon them, and they bear no liability for any bloodshed or property they unlawfully took while in a state of disbelief.

As for Muslim brigands, whoever among them repents before being apprehended—that is, before the imam gains control over him—every punishment owed as a right of Allah is waived from him. What pertains to the rights of people, however, is not waived. Thus, if he killed someone while engaging in highway robbery, repentance before apprehension waives the mandatory execution, but retaliatory justice remains due to the heir of the slain. If he wishes, he may pardon him; and if he wishes, he may exact it. If he took property, amputation is waived from him. If he committed both offenses, the mandatory execution and crucifixion are waived from him, while he remains liable to compensate for the property. This was the view of al-Shafi'i, may Allah have mercy on him.

Some said: If he comes repentant before being apprehended, no one has any claim against him concerning blood or property, unless identifiable property is found in his possession, in which case he must return it to its owner.

It is related from Ali, may Allah be pleased with him, concerning Harithah ibn Yazid, who had gone out as a brigand, shed blood, and taken property. He then came repentant before he was apprehended, and Ali, may Allah be pleased with him, did not hold him liable for either blood or property, except that if property was found in his possession, it was returned to its owner. (4) As for one who repents after being apprehended, none of these consequences is waived from him.

It was also said: Every punishment owed as a right of Allah—including the penalties for highway robbery, theft, unlawful sexual intercourse, and drinking intoxicants—is waived by repentance in every circumstance. The majority, however, held that they are not waived.