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 is the punishment for stealing? 

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Answer:

Punishment for theft stealing

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 up to the wrist of the thief who is convicted of his/her crime in a Shariah Court of Law. Such strict punishments in Shariah are prescribed not only to punish the 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 who might have an inclination towards the crime.

Shariah Law dictates that the following criteria have to be 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 beyond a reasonable doubt 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.

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