Except for such warmongers and waylayers as repent before you overpower them; for know that God is Forgiving to them of what they have done Merciful to them. This proviso is expressed without any statement to the effect ‘do not submit them to prescribed legal punishment’ to point out that when such a person repents only God’s prescribed punishments hudūd — and not those deriving from the rights of human beings — are waived. This is how I see it. I do not know of any that have tackled this topic and God knows best. If then a person has killed and stolen property he should be killed and have his limbs cut off on opposite sides but not crucified — this is the more sound of two opinions held by al-Shāfi‘ī. However his repentance is of no avail once he has been overpowered by the authorities — this is also the more sound of two opinions held by him.
