Muslims is this true?


#1

Hi Muslim freinds,
Is this true? Do Muslims really attach the punishment of theft to the value of money back to Mohammed’s time to decide who get’s amputation of hands and feet?

Thanks and God bless,
Jon

Question:

Could you please tell me under Islamic law, is the punishment for stealing, the cutting of hands?

Are any factors considered before such punishment is dealt? i.e. witnesses, persistent criminals, the criminal’s circumstances etc.

Would a mother, under difficult circumstances, who steals to feeed her hungry baby, receive the same punishment?

Answer:

In the Name of Allah, Most Compassionate, Most Merciful,

The different penalties prescribed by Shariah is not in order to inflict harm on people and make them suffer, rather the Shariah concept for imposing penalties for the various crimes is that they prevent harm, destruction and anarchy in the society. They are not prescribed in order to harm people, but the contrary.

Allah Most High says:

“In the law of retaliation there is (saving of) life to you, O you men of understanding” (Surah al-Baqarah, 179).

Due to the idea behind these various penalties being imposed not to make an individual suffer, rather to create a better society as a whole, the Shariah laid down certain strict rules and conditions in order for the punishment to be established or enforced. These strict conditions can be seen in all the various penalties that have been imposed.

The case with theft and stealing is the same in that certain conditions have been laid down for the penalty to be imposed. If the conditions are met, only then will such a penalty be enforced.

CONDITIONS FOR THE PENALTY OF THEFT

The following are the conditions which must be met in order to establish the penalty of theft:

  1. The one who steals is sane

  2. He has reached puberty

  3. He steals equivalent to the amount (nisab) or more. The Nisab is one Dinar or ten Dirhams (i.e. 4.374 grams of gold). The Messenger of Allah (Allah bless him & give him peace) said:

“There is no cutting (of hands) for stealing that is less then ten Dirhams” (Musnad Ahmad).

Sayyidah Aisha (Allah be pleased with her) reports that

“The hands were not cut in the time of the Messenger of Allah for stealing worthless things” (Musannaf Ibn Abi Shaybah).

Aisha (Allah be pleased with her) narrates that:

**“The hand of a thief was not cut off during the lifetime of the Messenger of Allah (Allah bless him & give peace) except for stealing something equal to a shield in value” (Sahih al-Bukhari, 6792, & Sahih Muslim, 1685). **

**A shield was worth one Dinar at that time, as narrated by Ibn Abbas in Sunan Abu Dawud & Sunan Nasa’i. **

  1. He steals the article from a place that meets the requirements of security and safeguarding. This security is considered when the article is safeguarded by a guard or by it being locked in a place.

  2. The article is in the ownership of another person

  3. There is no confusion in it (as to whether he took it by way of theft or for some other reason).

  4. It was stolen secretly (not by force, etc…).

If any of the above conditions are not met, then the penalty of theft will not be established.

Allah Most High says:

“As to the thief, male of female, cut off his or her hands. A punishment by way of example, from Allah, for their crime” (Surah al-Ma’idah, 38).

As far as the evidence and testimony is concerned, stealing will be established by self admittance once or by the testimony of two adult males. The witnesses will be asked the details of the incident, as not to make an error.

A person’s hand is not amputated when he steals less than the equivalent of 4.374 grams of gold, from place that does not meet the requirements of security, something that is useless, something that is in general ownership such as water in the river, sticks from the wood, etc…, food that rots very quickly such as milk, meat, fruits, etc…, articles that are unlawful due to the possibility that one had an intention of getting rid of it, such as musical instruments.

THE PENALTY

The penalty for the one who steals (when the above conditions are met) is that his/her right arm is amputated. If a person steals a second time, his left foot is amputated; if a third time, then he will be imprisoned until he repents, but no further amputation will take place.

Sayyiduna Ali (Allah be pleased with him) says:

“I feel guilty in front of Allah if I leave him without hands (i.e. amputating both) by which he eats, and feet, by which he walks” (Sunan Darqutni, al-Bayhaqi & Musannaf ibn Abi Shayba).

The above are some of the important aspects relating to the penalty of theft. It has been primarily based on the famous Hanafi work al-Ikhtiyar li ta’lil al-Mukhtar.

And Allah knows best.

Muhammad ibn Adam
Darul Iftaa
Leicester, UK

victoryscent.co.uk/cutting_hands_for_theft.htm


#2

Abu Dawud
Book 38, Number 4396:
Narrated Jabir ibn Abdullah:

A thief was brought to the Prophet (peace_be_upon_him). He said: Kill him. The people said: He has committed theft, Apostle of Allah! Then he said: Cut off his hand. So his (right) hand was cut off. He was brought a second time and he said: Kill him. The people said: He has committed theft, Apostle of Allah! Then he said: Cut off his foot.

So his (left) foot was cut off.

He was brought a third time and he said: Kill him.

The people said: He has committed theft, Apostle of Allah!

So he said: Cut off his hand. (So his (left) hand was cut off.)

He was brought a fourth time and he said: Kill him.

The people said: He has committed theft, Apostle of Allah!

So he said: Cut off his foot. So his (right) foot was cut off.

He was brought a fifth time and he said: Kill him.

So we took him away and killed him. We then dragged him and cast him into a well and threw stones over him.
usc.edu/dept/MSA/fundamentals/hadithsunnah/abudawud/038.sat.html#038.4396

Re-read the sentence : HE WAS BROUGHT A FIFTH TIME AND HE SAID KILL HIM.

After no hands and no feet still be able to steal?.. Totally ridiculous story of hadith. :frowning:


#3

#4

So basically the answer is YES, chop of hands and feet. And for adultery bury them to their waist and stone them to death. Yep, real merciful. Excellent reasons to oppose Islam.


#5

When Jesus was about to be arrested one of the Apostles immediately attack one of the Roman soldiers and cut his ear, but Jesus was there to heal the soldiers ears…

Jesus teaches us not to kill nor harm our enemies but rather show compassion and care…

Now did Mohammed acted the same, think the same when they are about to imposed Sharia law?


#6

I think you have to understand the time and place these directives were handed out. I mean look at our society filled with adultery and broken families. Now picture the same situation but in a barbaric time period like the Arabic penninsula around 1400 years ago. It would’ve created complete havoc within society, men stealing other men’s wives. It was drastic measures for a time period that called for it. Don’t forget that stoning an adulterer to death was the law for Israel too.


#7

I don’t believe Israel stones people today but some Muslim countries do. Shariah has not changed since the days of Mohammed.


#8

Most Muslim countries don’t practice stoning either, infact most Muslim countries aren’t under Sharia law or praticing sharia law anymore than Israel is practicing the Law of Moses in every aspect of their culture. But honestly Judaism hasn’t changed, just because Israel is apostate and no longer following the Laws of Moses in regards to adulterers, doesn’t mean the teaching has changed at all. Stoning is very much a Mosaic law for adulterery.


#9

When was the last stoning in Israel or anywhere other than a Muslim country?

Islam is doing it today!
A leading Iranian human rights lawyer and Nobel Laureate says that the hardline Islamic regime is still using medieval punishments on its people, including the stoning of women for adultery and the torture of dissidents.

An Islamic court in northern Nigeria has postponed an appeal hearing on behalf of a woman sentenced to death by stoning for the crime of adultery.

Women’s rights activists in Iran have called on the head of the country’s judiciary and the parliament to end the stoning to death of convicted adulterers. Under pressure from the European Union, Iran was said to have introduced a moratorium on stonings in 2002. But activists accuse judges of perpetuating the practice.
Reports suggest that two people were stoned to death in May and at least eight women currently face stoning sentences. Under Islamic laws as applied in Iran, the punishment for adultery is stoning. It is widely considered to be among the cruelest of punishments. Women are buried up to their chests in a pit; men are buried up to their waists. And their hands are tied behind their backs.


#10

The biblical punishment makes more sense to me, as cutting off a hand is a punishment that doesn’t fit the crime - or restore what has been taken:

Pro 6:30 Men do not despise a thief, if he steal to satisfy his soul when he is hungry;
Pro 6:31 But if he be found, he shall restore sevenfold; he shall give all the substance of his house.


#11

Is there a successful example of an Islamic state that practices this punishment and is at peace?


#12

I can’t see how torture and mutilation is better than stealing. freaks me out. They need love, not torture.


#13

Here is what some Catholic posters tell me if I say this kind of thing is outrageous stuff:

  1. its not fair to bring out these things as its not what the religion is all about and I know a peaceful Muslim here in the USA and you are just a bigot.

  2. why are you so intolerant of some aspects of Islam that most Muslims reject?:mad:

  3. you are an intolerant bigot and you are Islamaphobic.:rolleyes:

  4. You dont understand.:slight_smile:

  5. I end up getting bashed for everything and anything else that they can come up with and usually its “you think everyone is a heretic dont you?” dont you know what your Church teaches about Muslims?

I dont like to comment anymore. I keep it to myself and leave it at that now.


#14

I see nossink!

Seriously Damascus, if you’re going to keep to yourself you’re going to have to get some better invisibility-paint for the posts you can’t seem to help making anyway :wink:

re: punishment, actually, meedo’s point made a lot of sense to me. I don’t condone punishing theft with violence, but keeping in mind that this is a system of law developed in the absence of representative government it’s remarkably fair – more so than Hammurabi’s code even, which had far greater penalties for a commoner who stole from a rich man than it did the other way around. And the exemption for the truly destitute is an example of charity anyone would do well to consider.


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