It is known that in Islam if a person disobeys Allah and the Khaleefah applies upon him a legal punishment (Hadd, Qisas or Ta'azir), the sin will be lifted from him on the Day of Resurrection. The question here is:
Today, as we succumb to the secular oppressive rule and living in Dar al-Kufr (the land of disbelief), if a person sins and is punished by a punishment issued by the man-made law. Such as if he kills he is killed or if he steals he is imprisoned, knowing that the punishment of theft, is the cutting of the hand. If this is the case would this punishment expiate the burden of this sin on the Day of Resurrection?? May Allah reward you and us and all Muslims with goodness) ended.
From Sameh Raihan Abu Maisara
This is true if it is a legitimate punishment from an Islamic state, i.e. a state that rules by the Allah's laws, and not by man-made laws. The explanation of that is as follow:
- Muslim reported that Ubada bin As-Samit said: the Messenger of Allah صلى الله عليه وسلم said to us while we were in a gathering:
تُبَايِعُونِي عَلَى أَنْ لَا تُشْرِكُوا بِاللهِ شَيْئًا، وَلَا تَزْنُوا، وَلَا تَسْرِقُوا، وَلَا تَقْتُلُوا النَّفْسَ الَّتِي حَرَّمَ اللهُ إِلَّا بِالْحَقِّ، فَمَنْ وَفَى مِنْكُمْ فَأَجْرُهُ عَلَى اللهِ، وَمَنْ أَصَابَ شَيْئًا مِنْ ذَلِكَ فَعُوقِبَ بِهِ فَهُوَ كَفَّارَةٌ لَهُ، وَمَنْ أَصَابَ شَيْئًا مِنْ ذَلِكَ فَسَتَرَهُ اللهُ عَلَيْهِ، فَأَمْرُهُ إِلَى اللهِ، إِنْ شَاءَ عَفَا عَنْهُ، وَإِنْ شَاءَ عَذَّبَهُ
"Give me the oath (Bayah) for: Not to join anything in worship along with Allah, not to commit illegal sexual intercourse (zina), not to steal, and not to kill life that Allah has forbidden except for a just cause. Whoever amongst you fulfils his pledge, his reward will be with Allah, and whoever commits any of those sins and receives the legal punishment in this world for that sin then that punishment will be expiation for that sin. And whoever commits any of those sins and Allah does not expose him, then it is up to Allah if He wishes He will punish him or if He wishes, He will forgive him."
So the Hadeeth shows that whoever is punished in this world, his punishment expiates him on the Day of Resurrection, and he will not be punished for that sin in the Hereafter. It is clear from Hadeeth as well that the punishment that constitutes a Kaffara (expiation) is a punishment from an Islamic state, in which a Bayah is pledged to a Khaleefah to rule by Islam. Thus the Prophet صلى الله عليه وسلم began the Hadeeth by saying:
«تُبَايِعُونِي... فَمَنْ وَفَى مِنْكُمْ فَأَجْرُهُ عَلَى اللهِ، وَمَنْ أَصَابَ شَيْئًا مِنْ ذَلِكَ فَعُوقِبَ بِهِ فَهُوَ كَفَّارَةٌ لَهُ»
"Give me the oath (Bayah) ..... Whoever amongst you fulfils his pledge, his reward will be with Allah, and whoever commits any of those sins and receives the legal punishment in this world for that sin then that punishment will be expiation for that sin."
Therefore, the punishment that constitutes expiation depends on the existence of Bayah, and the Bayah is given only to the ruler who rules by Islam. Hence the punishment that constitutes a Kaffara (expiation) of sin in the Hereafter is the punishment from the state that rules by Islam, and Allah knows best and He is the wisest.
Ata Bin Khalil Abu Al-Rashtah
21st Rabii' al-Awwal 1435 AH
The link to the answer from the Ameer's Facebook page: