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Except for such, warmongers and waylayers, as repent before you overpower them; for know that Allahu ta’ālā is Forgiving, to them of what they have done, Merciful, to them. This [proviso] is expressed without any statement to the effect 'do not submit them to prescribed legal punishment', to point out that when such a person repents only Allah’s prescribed punishments (hudūd) - and not those deriving from the rights of human beings - are waived. This is how I see it. I do not know of any that have tackled this [topic], and Allahu ta’ālā knows best. If, then, a person has killed and stolen property, he should be killed and have his limbs cut off [on opposite sides], but not crucified - this is the more sound of two opinions held by Al-Shāfi’ī. However, his repentance is of no avail, once he has been overpowered [by the authorities] - this is also the more sound of two opinions held by him.

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