What is the islamic ruling on seeking presidential pardon or royal pardon? I know that the wali or the relative of the victim of a crime has the right to pardon in some cases but what about the laws in some countries which allow rulers to pardon criminals. Is this in the sharia?
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Well i think what goes ahead with the shari'a in first place is if the person who have been "damaged" would pardon, this would be acceptable!– Medi1Saif ♦Nov 20, 2015 at 11:12
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1 Answer
Hudood and Qesas are obligatory to enforce when the evidence is established.
If presidential pardon will have been allowed, people with influence will get their punishments pardoned and only the weak and poor will be punished, and this is contrary to the goals of Islam:
Aisha said, "A woman from Bani Makhzumiya committed a theft and the people said, 'Who can intercede with the Prophet (ﷺ) for her?' So nobody dared speak to him (i.e. the Prophet) but Usama bin Zaid spoke to him. The Prophet said, 'If a reputable man amongst the children of Bani Israel committed a theft, they used to forgive him, but if a poor man committed a theft, they would cut his hand. But I would cut even the hand of Fatima (i.e. the daughter of the Prophet) if she committed a theft."
