—neither under the revealed law nor by divine decree. As for prescribed or discretionary punishments, the offence warranting them may be established by evidence—for example, evidence that someone has committed unlawful sexual intercourse, stolen, or drunk intoxicants. If such a person professes repentance, his claim cannot be trusted. Were the prescribed punishment waived merely on that basis, no prescribed punishment would ever be carried out, since everyone against whom evidence was established would say, “I have repented.” If he is inwardly repentant, however, the prescribed punishment serves as an expiation, and he is rewarded for his patience.

But if he comes forward of his own accord, confesses, and comes repentant, then carrying out the prescribed punishment upon him is not obligatory according to the apparent position of Ahmad’s school. Ahmad expressly stated this in several places. This is among the issues addressed in al-Taʿlīq, and al-Qādī supported it with several hadiths. The hadith concerning the man who said:

“‘I have incurred a prescribed punishment, so inflict it on me.’ Then the prayer commenced,”

also falls within this category, because he came repentant. If he testifies against himself, as Māʿiz and the Ghāmidī woman did, and chooses to undergo the prescribed punishment, it is carried out upon him; otherwise, it is not. Thus, in the hadith of Māʿiz, the Prophet said:

“Why did you not leave him alone?”

He also sent the Ghāmidī woman away time after time. Neither the ruler nor the people are obliged to carry out the prescribed punishment upon such a person. But if he requests it, it is carried out upon him. This is like someone who sins in secret: no one is obliged to carry out a prescribed punishment upon him, but if he chooses to confess and undergo the prescribed punishment, it is carried out, even if he is not repentant.

This is like the death of someone who plunges into the enemy ranks: it is a means by which Allah raises his rank. As the Prophet, may Allah bless him and grant him peace, said:

“She has repented with such repentance that, had a collector of unjust taxes repented in the same way, he would have been forgiven. Have you found anything better than her giving her life for Allah?”

It has also been said that Māʿiz retracted his confession. This is one of the two opinions