Allah says:
[وَلاَ تَأْخُذْكُمْ
بِهِمَا رَأْفَةٌ فِى دِينِ اللَّهِ]
(Let not pity withhold you in their case, in a punishment prescribed by
Allah,) Meaning, with a ruling prescribed by Allah. So the meaning of the Ayah
is: "Do not feel too sorry for them where the laws of Allah are established.''
This does not mean that we should not naturally feel pity when carrying out the
punishment. What is prohibited here is the kind of pity that may make the judge
ignore the punishment altogether. This is what is not permitted for the judge.
Mujahid said,
[وَلاَ تَأْخُذْكُمْ
بِهِمَا رَأْفَةٌ فِى دِينِ اللَّهِ]
(Let not pity withhold you in their case, in a punishment prescribed by
Allah,) "If the matter is taken to the ruling authority, the punishment has to
be carried out and cannot be stopped.'' This was also narrated from Sa`id bin
Jubayr and `Ata' bin Abi Rabah. It was recorded in a Hadith:
«تَعَافَوُا
الْحُدُودَ فِيمَا بَيْنَكُمْ، فَمَا بَلَغَنِي مِنْ حَدَ فَقَدْ وَجَبَ»
(Compromise with the matter of prescribed punishment mutually sorting it out
among yourselves, for once a matter where the prescribed punishment is required
reaches me, I am obliged to carry it out.) Allah's saying:
[إِن كُنتُمْ
تُؤْمِنُونَ بِاللَّهِ وَالْيَوْمِ الاٌّخِرِ]
(if you believe in Allah and the Last Day. ) means, then do that, carry out
the punishments on those who commit illegal sex, and strike them hard without
causing any wound, so that he and others like him will be deterred by the terror
of that. In Al-Musnad, it was recorded that one of the Companions said, "O
Messenger of Allah, when I slaughter a sheep I feel pity for it.'' He said,
«وَلَكَ فِي ذلِكَ
أَجْرٌ»
(You be rewarded for that.)