A monetary fine for a sin

Question

Question: If a Muslim commits a major or a minor sin, is it permissible to take compensation or a fine from him instead of Shari‘a repentance, or not? Does a fine exist in the Shari‘a or not? However, from authentic prophetic hadiths and hadith qudsi, and from the books of fatwas, it has become known that there is no fine in the religion of Islam; rather, the recompense for sin is only repentance, and qisas (retaliation) in return for qisas.

Answer

Ta‘zir (discretionary punishment) may be applied to one's subordinate for sins according to the circumstances; a monetary fine is not valid. At the beginning there was a monetary fine, then it was abrogated: [ar]في المجتبى: كانت في ابتداء الإسلام ثم نسخ[/ar] “In al-Mujtaba: it was at the beginning of Islam, then it was abrogated” (al-Durr al-Mukhtar).

Source: Fatawa Mahmudiyya

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