Theft Punishment

➡️ فوائد علمية (ملخصة ومعزوة)

Definition:
Theft is taking another person’s property secretly from a secured place without right.

Ruling:

It is prohibited and considered a major sin. Its prohibition is established by the Qur’an, Sunnah, and consensus.

Punishment (Hadd):
Cutting off the thief’s hand if the required conditions are met, whether male or female.

Wisdom behind the Hadd:
To protect people’s wealth, deter crime, and safeguard society from corruption.

Conditions for Applying the Hadd (Briefly):

• The theft must be done secretly (not by open force or snatching).

• The thief must be an accountable adult, sane, acting voluntarily, and aware of the prohibition.

• The stolen property must be valuable and reach the minimum threshold (a quarter of a dinar or more).

• It must be taken from a secure place (customary place of safekeeping).

• There must be no doubt or ambiguity (e.g., taking from wealth one has a share in).

• The theft must be proven by testimony or confession, and the owner must claim their property.

Related Rulings:

• Intercession is not allowed once the case reaches the judge.

• Forgiveness is allowed before it is brought to the judge.

How the Hadd is Carried Out:
The right hand is cut from the wrist; if the theft is repeated, the left foot is cut.

Al-Fiqh al-Muyassar in the Light of the Qur’an and Sunnah – Prepared by Manal Abuelazaem