The verse "The punishment of those who wage war against Allah and His Apostle, and strive with might and main for mischief through the land is execution, or crucifixion, or the cutting off of hands and feet from opposite side or exile from the land...most merciful" was revealed about polytheists. If any of them repents before they are arrested, it does not prevent from inflicting on him the prescribed punishment which he deserves.
Context and Revelation
This commentary addresses the Quranic verse from Surah Al-Ma'idah (5:33) concerning those who wage war against Allah and His Messenger, as referenced in the context of Prescribed Punishments (Kitab Al-Hudud) from Sunan Abi Dawud, particularly related to hadith traditions such as Sunan Abi Dawud 4372.
The verse was revealed concerning polytheists who engaged in hostilities against the Muslim community, including acts of terrorism, highway robbery, and spreading corruption in the land.
Scholarly Interpretation of Punishments
Classical scholars explain that the four punishments mentioned—execution, crucifixion, cutting off hands and feet from opposite sides, or exile—represent different responses based on the severity of the crime and circumstances.
Execution is for those who commit murder during their acts of warfare. Crucifixion is reserved for the most severe cases where the criminal both kills and steals property. The cutting of opposite limbs applies to those who terrorize and rob but do not kill. Exile is for those whose crimes are less severe.
Repentance and Legal Consequences
The principle that repentance before arrest does not prevent prescribed punishment is established in Islamic jurisprudence. While Allah may forgive the spiritual consequences in the Hereafter, the worldly legal punishment (hadd) remains obligatory to maintain social order and justice.
This position is supported by the consensus of early scholars who held that once crimes against society reach the authorities, the prescribed punishments must be implemented regardless of personal repentance.
Divine Mercy and Justice
The verse concludes with Allah's attribute of being "Most Merciful," which scholars explain demonstrates that even in severe punishments, Allah's mercy is manifest through the establishment of justice, protection of society, and the opportunity for repentance to benefit one in the Hereafter.
The preservation of social order is itself an act of divine mercy toward the general population who deserve protection from corruption and harm.