in Islamic law one of the objective of shariah is protection of wealth. For this purpose Islam introduce the punishment to cut of hand of theft, to make sure the protection of wealth
According to the Quran
1. The Qur'anic injunction regarding the punishment for theft is given in verses 38 to 40 in Chapter 5
“As for the man who steals and the woman who steals, cut off the hand of either of them in requital for what they have wrought, as a deterrent ordained by God: for God is almighty, wise(5:38). But as for him who repents after having thus done wrong, and makes amends, behold, God will accept his repentance: verily, God is much-forgiving, a dispenser of grace.(5:39)
Most of the commentators including Maulana Maudoodi interpret verse 5:39 to mean that if the thief repents after his hand is cut off, and then he reforms himself, then Allah turns to him in forgiveness. It is not a logical explanation! Repentance and reformation can only have meaning and significance if they are done before the punishment is carried out. We can look at a similar verse in the Quran;
“Those who launch a charge against chaste women and do not bring four witnesses should be punished with eighty lashes, and their testimony should not be accepted afterwards: except for those who repent thereafter and mend (their conduct). For Allah is oft-forgiving, most merciful”. - (24:4)
It is clear that if there is true repentance coupled with a change in conduct there will be no punishment. Let’s assume that someone steals something and pays the heavy price of his or her hands being cutting off. What does it mean in his or her case that, "as for him who repents after having thus done wrong, and makes her hands? How could he or she deserve a second chance without his or her hands amends"(5:39). How will he or she be redeemed once he or she has lost his or
According to the Sunnah
Narrated Ibn 'Abbas: The Prophet said, "When (a person) an adulterer commits illegal sexual intercourse then he is not a believer at the time he is doing it; and when somebody steals, then he is not a believer at the time he is stealing."
Narrated Abu Huraira: The Prophet said, "Allah curses a man who steals an egg and gets his hand cut off, or steals a rope and gets his hands cut off." Al-A'mash said, "People used to interpret the Baida as an iron helmet, and they used to think that the rope may cost a few dirhams."
Narrated 'Ubada bin As-Samit: We were with the Prophet in a gathering and he said, 'Swear allegiance to me that you will not worship anything besides Allah, Will not steal, and will not commit illegal sexual intercourse." And then (the Prophet) recited the whole Verse (i.e. 60:12). The Prophet added, 'And whoever among you fulfills his pledge, his reward is with Allah; and whoever commits something of such sins and receives the legal punishment for it, that will be considered as the expiation for that sin, and whoever commits something of such sins and Allah screens him, it is up to Allah whether to excuse or punish him."
Narrated Abdullah: Allah Apostle said in Hajjat-al-Wada, "Which month (of the year) do you think is most sacred?" The people said, "This current month of ours (the month of Dhull-Hijja)." He said, "Which town (country) do you think is the most sacred?" They said, "This city of ours (Mecca)." He said, "Which day do you think is the most sacred?" The people said, "This day of ours." He then said, "Allah, the Blessed, the Supreme, has made your blood, your property and your honor as sacred as this day of yours in this town of yours, in this month of yours (and such protection cannot be slighted) except rightfully." He then said thrice, "Have I conveyed Allah's Message (t The people answered him each time saying, 'Yes." The Prophet added, 'May Allah be merciful to you o you)?"
Narrated Aisha: Whenever the Prophet was given an option between two things, he used to select the easier of the tow as long as it was not sinful; but if it was sinful, he would remain far from it. By Allah, he never took revenge for himself concerning any matter that was presented to him, but when Allah's Limits were transgressed, he would take revenge for Allah's Sake.
Legal status
According to Islamic law it is permissible and lawful to cut the thief s hand as is stated in the hodud punishments when it is proof either by confession or by the witness.
Hadiths and legal rulings
Narrated Aisha; Allah s messenger said “a thief’s hand should not be cut of except for a quarter of a dinar and up words. In a narration by Ahmad “cut off a thief s hand for aquarter of adinar but do not cut it off for what is less than that.
Explanation and legal rulings
In this hadith Nisab or amount is fixed that is a quarter dinar or more than that but should not less then this amount. if a person steel a thing which value is less then a quarter dinar then his hand would not be cut off.
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