Fiqh, - The ruling of theft in Islam

Theft is Haraam )forbidden( according to the Quran, Sunnah ]sayings of
Prophet Muhammad[ and Ijmaa' )scholarly consensus(. Allaah, the Most
Exalted, has condemned this action and decreed an appropriate
punishment for it. The Hadd ]i.e. the legal punishment prescribed by
the Sharee'ah )Islamic law([ for a thief is to cut off the thief's
hand. Allaah Almighty Says in the Noble Quran )what means(:
"]As for[ the thief, the male and the female, amputate their hands in
recompense for what they earned ]i.e. committed[ as a deterrent
]punishment[ from Allaah. And Allaah is Exalted in Might and
Wise."]Quran 5:38[
The Prophetsaid:
"The hand )of the thief( should be cut off for )the theft of( a
quarter of a Dinar or more."]Al-Bukhaari[
The Prophetcursed the thief because he is a corrupt element in
society, and if he is left unpunished, his corruption will spread and
infect the body of the Ummah )Muslim community(. Hesaid:
"May Allaah curse the thief who steals an egg and has his hand cut
off, or steals a rope and has his hand cut off."]Al-Bukhaari[
What indicates that this ruling is definitive is the fact that a
Makhzoomi noblewoman )from the tribe of Makhzoom( stole at the time of
the Prophetand Usaamah Ibn Zaydwanted to intercede for her. The
Prophetbecame angry and said:
"Do you intercede concerning one of the Hadd set by Allaah? Those who
came before you were destroyed because if a rich man among them stole,
they would let him off, but if a lowly person stole, they would carry
out the punishment on him. By Allaah, if Faatimah Bint )daughter of(
Muhammad were to steal, I would cut off her hand."]Al-Bukhaari[
This is the ruling of Allaah concerning theft; that the hand should be
cut off from the wrist joint.
Al-Nawawisaid in his commentary on Saheeh Muslim )Hadeeth collection(:
Al-Shaafa'i, Abu Haneefah, Maalik and the majority )of scholars(said:
"The hand should be cut off from the wrist, where the hand meets the
forearm." Al-Qurtubisaid: "All the scholars said: The hand should be
cut off from the wrist, not as some of the innovators do when they cut
off the fingers and leave the thumb."
Because cutting off the hand is a serious matter, it should not be
done for just any case of theft. A combination of conditions must be
fulfilled before the hand of a thief is cut off. These conditions are
as follows:
1- The thing should have been taken by stealth; if it was not taken by
stealth, then the hand should not be cut off, such as when property
has been seized by force in front of other people, because in this
case the owner of the property could have asked for help to stop the
thief.
2- The stolen property should be something of worth, because that
which is of no worth has no sanctity, such as musical instruments,
wine and pigs.
2- The value of the stolen property should be above a certain limit,
which is three Islamic Dirhams or a quarter of an Islamic Dinar, or
their equivalent in other currencies.
3- The stolen property should have been taken from a place where it
had been put away, i.e., a place where people usually put their
property, such as a cupboard, for example.
4- The theft itself has to be proven, either by the testimony of two
qualified witnesses or by the confession of the thief twice.
5- The person from whom the property was stolen has to ask for it
back; if he does not, then )the thief's( hand does not have to be cut
off.
If these conditions are fulfilled, then the hand must be cut off. If
this ruling was applied in the societies which are content with
man-made laws and which have cast aside the Sharee'ah of Allaah and
replaced it with human laws, this would be the most beneficial
treatment for this phenomenon. But the matter is as Allaah Says )what
means(:
"Then is it the judgement of ]the time of[ ignorance they desire? But
who is better than Allaah in judgement for a people who are certain
]in faith[."]Quran 5:50[