Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)

One of our brothers/sisters has asked this question:

What kind of theft is punishable by islamic law of severing the hand.what are the criteria for severing the hand.JazakhAllah
Actually i got a mail from my nonmuslim friend showing a picture of an 8 yr old boy supposedly muslim and stealing some food to satisfy his hunger and subsequently he is caught and his hand is crushed by the wheel of a car run over it.keeping this in mind plz help me answer my non muslim friend coz she thinks that islamic law is barbaric. 

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Answer:

Theft cut hands

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

Allah Says in the Holy Quran Chapter 5 Surah Maidah verses 38-39:

38 As to the thief male or female cut off his or her hand: a punishment by way of example from Allah for their crime: and Allah is Exalted in Power.

39 But if the thief repents after his crime and amends his conduct, Allah turneth to him in forgiveness; for Allah is Oft-Forgiving Most Merciful.

Allah Subhanah, in His Perfect and Absolute Wisdom, has prescribed the cutting of the hand of the thief who is convicted of his crime in a Shariah Court of Law. Such strict punishments in Shariah are prescribed not only to punish one who intentionally endangers and violates the sacrosanct life, property, and honor of others, but to serve as an example and instill fear in the hearts of the other perspective criminals in a society which might have an inclination towards the crime.

If one looks at the societies where theft, murder, and slander are rampant, and the life, property and honor of the law-abiding citizens are at constant risk from criminals who indulge in their crime without any fear or respect for the law….one would have to admit that the prevalent laws of the land are just not strict enough to safeguard the life, property, and honor of a citizen. In societies where a thief knows with conviction that the rewards he can earn from stealing the property of others far outweigh the risk of getting caught, it only encourages more lawlessness and crime. But if a thief knew that his crime would endanger the safety or availability of his hand if he were convicted of the crime, he would think a million times before he approached the property of others with evil intent.

Your Question: What kind of theft is punishable by islamic law of severing the hand.what are the criteria for severing the hand.

The following criteria have to met before the prescribed law of severing the hands of the thief is applied by the Court:

1. If the thief is a child or insane, the law of severing the hand of the thief cannot be applied.
2. Depending on the income level and the economy of the state, the scholars and jurors of the state will determine a minimum amount above which the law would apply. If the theft is below the minimum amount, the law of severing the hand of the thief would not apply.
3. It has to be proven in a Shariah Court of Law that the thief stole something which was kept and held in relative safety by its owner. For example if one stole some fruits from a tree, or one picked up something one finds on the road, or one stole something which was simply lying in the open, then the prescribed law of severing the hand would not apply.
4. If it is proven in court that the thief stole some food only to satisfy his or his family’s hunger, the law of severing the hand would not apply.

The prescribed Law will only be applied by the Shariah Court after it has been proved that the thief stole something which was secured and held in proper protection by its lawful owner, and it was nothing but the greed, utter disrespect for the law, and transgression which entitled the criminal to steal the property of others.

Your Statement: Actually i got a mail from my nonmuslim friend showing a picture of an 8 yr old boy supposedly muslim and stealing some food to satisfy his hunger and subsequently he is caught and his hand is crushed by the wheel of a car run over it.

It is highly unlikely, if not outright impossible, that any Shariah Judge who possesses even an iota of fear of Allah and the Last Day would prescribe the sentence of the severing of the hand of an eight year old boy for stealing some food to satisfy his hunger! Allah is our witness sister, if Allah forbid such a thing were to happen, the judge who passed such a sentence would be held severely accountable for his ignorance in the Presence of the Lord Most Majestic on the Day of Judgment.

Your Statement: ….plz help me answer my non muslim friend coz she thinks that islamic law is barbaric. 

If the cutting of the hand of a confirmed and habitual thief is ‘barbaric’ in the sight of your friend, ask her which society would she rather live in….one where the law-abiding citizens are in constant fear and held to ransom by daring thieves and burglars who have absolutely no respect or fear of retribution for their crime, or a society where the citizens of the state live in peace and it is the thieves and burglars who fear for the safety of their hands if they were to intentionally transgress the law?

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only Source of Strength.

Your brother and well wisher in Islam,

Burhan