Dought & clear, - Why is the hand cut off in the case of stealing but not in the case of (daylight) robbery or seizing by force?.

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What is the difference between the thief (saariq, one who breaks in by stealth and steals something that is kept in an appropriate place) and the robber (muntahib, one who takes something by force in front of others)? Why is the hand cut off in the first case and not in the second?
Praise be to Allaah.
Ibn al-Qayyim said:
The fact that the hand of the thief (saariq) may be cut off for three dirhams, and not in the case of the opportunist thief (mukhtalis, one who steals when a person is not looking), robber or extortioner (ghaasib, one who seizes something by force) is indicative of the perfect wisdom of sharee’ah. For one cannot take precautions against the thief who breaks into houses and breaches one’s hiding-places and breaks locks; the owner of the goods cannot do any more than that (i.e., hiding them in appropriate places). If it were not prescribed for the hand of the thief to be cut off, then people would steal from one another in this manner and a great deal of harm would be done, and the problem of theft would be grievous indeed. This is unlike the case of the robber and opportunist thief, for the robber is the one who takes things openly in the sight of people, so they may stop him and restore the rights of the one who has been wronged, or they may testify before the judge. And the opportunist thief is the one who takes things when the owner is not paying attention, etc., so there has to be some form of negligence which enables the opportunist to steal, otherwise when one is careful and alert, he cannot take anything. So he is not like a thief (saariq), rather he is more like a betrayer.
Moreover, the opportunist theif (mukhtalis) does not take things from a place where things of that nature are usually hidden, rather he waits until you are not paying attention, then he takes your things when you put something down for a moment and are not paying attention. This is something against which precautions may be taken in most cases, and he (the opportunist) is like the robber who steals openly. With regard to the one who seizes things by force, the case is more obvious: it is even more apt that his hand should not be cut off, but it is permissible to put a stop to the actions of these people by beating them, making an example out of them as a warning to others, imprisoning them for lengthy periods and punishing them by seizing their property.
Alaam al-Muwaqqieen, 2/48.








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Dought & clear, - The punishment for lesbianism.

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I know that homosexuality is haram, but I wanted to know the punishment for it. I was told by a fellow sister that it is the same as if someone committed zinah. The lashing if you are unmarried, and stoning if your married. So which is correct for the punishment of this great sin?????.
Praise be to Allaah.
Lesbianism means a woman having sexual relations with another woman. This is undoubtedly haraam, and some scholars regard it as a major sin.
Seeal-Zawaajir ‘an Iqtiraaf al-Kabaa’ir, no. 362.
The imams are agreed that there is no hadd punishment for lesbianism because it is not zina (unlawful sexual intercourse), rather it is to be punished with a ta’zeer punishment in which the judge punishes the one who does that with a punishment which will deter her and others from doing this haraam action.
It says inal-Mawsoo’ah al-Fiqhiyyah(24/252):
The fuqaha’ are agreed that there is no hadd punishment for lesbianism, because it is not zina. Rather a ta’zeer punishment must be imposed, because it is a sin.
Ibn Qudaamah said (9/59):
If two women engage in lesbian sexual relations, then they are guilty of zina and are cursed, because it was narrated that the Prophet (peace and blessings of Allaah be upon him) said: “If a woman has sexual relations with another woman, then they are both guilty of zina.” There is no hadd punishment for them because they did not have intercourse, rather it is likened to intimate relations that are less than intercourse, and they are to be subjected to a ta’zeer punishment.
It says inTuhfat al-Muhtaaj, 9/105:
There is no hadd punishment for a woman who has sexual relations with another woman, rather they should be punished with a ta’zeer punishment.
Some people think that the punishment for lesbianism is the same as the punishment for zina, because of the hadeeth quoted by Ibn Qudaamah as referred to above.
This hadeeth was narrated by al-Bayhaqi from Abu Moosa (may Allaah be pleased with him), who said that the Prophet (peace and blessings of Allaah be upon him) said: “If a man has sexual relations with another man, they are both guilty of zina, and if a woman has sexual relations with another woman they are both guilty of zina.”
This hadeeth is da’eef (weak); it was classed as da’eef by al-Albaani inDa’eef al-Jaami’, 282.
Al-Shawkaani said inNayl al-Awtaar(7/287):
Its isnaad includes Muhammad ibn ‘Abd al-Rahmaan whom Abu Haatim described as kaadhib (a liar). Al-Bayhaqi said: I do not know him. So the hadeeth is munkar (rejected) with this isnaad. End quote.
Even if the hadeeth were saheeh, it is to be understood as meaning that they are guilty of zina in the sense that they are sinning, not with regard to hadd punishment. This was the view of al-Sarkhasi inal-Mabsoot, 9/78.
And the Prophet (peace and blessings of Allaah be upon him) said: “Every son of Adam has his share of zina. For the eyes may commit zina and their zina is looking; the hands may commit zina and their zina is touching; the feet may commit zina and their zina is walking; the mouth may commit zina and its zina is kissing. The heart desires and wishes and the private parts confirm that or deny it.” Narrated by al-Bukhaari, Muslim, and Ahmad. This version narrated by Ahmad, 8321.
And Allaah knows best.
Secondly:
The person who is faced with this problem has to hasten to repent to Allaah, and strive to treat this disease. Some of the ways of treating it are:
- Fearing Allaah and worshipping Him and loving Him sincerely, and being serious about that. Allaah says (interpretation of the meaning):
“Thus it was, that We might turn away from him evil and illegal sexual intercourse. Surely, he was one of Our chosen, (guided) slaves”
[Yoosuf 12:24]
- Lowering the gaze, for this is one of the most effective means of purifying the soul. So if a person sees something that attracts him, he should not look again.
- Remembering the dead whose deeds have come to an end, so they are not able to wipe out their bad deeds or do more good deeds.
- Keeping oneself busy with beneficial things.
- Marriage, and hastening to get married if possible.
Thirdly:
Undoubtedly falling into sin and transgressing the sacred limits of Allaah are among the causes of the punishments that befall people en masse or individually. Punishment comes by the will of Allaah because of sin and affects a person in his religious commitment or in his spiritual or physical well-being. These punishments may come in this world, in the grave and in the Hereafter. Ibn al-Qayyim (may Allaah have mercy on him) said: There are more than fifty types of effects of sin which are dealt with in detail in the bookal-Daa’ wa’l-Dawaa’. When discussing the means of being patient in avoiding sin, in his bookTareeq al-Hijratayn, he mentioned that some of the effects of sin are: blackness of face and darkness in the heart; stress, worry, grief, anxiety and hardheartedness; being forsaken by Allaah, so He does not help or support one; sickness in the heart which, if chronic, leads to death, for sins inevitably deaden the heart. Another effect is humiliation after being honoured; feeling alienated after feeling at ease; feeling far away from Allaah after having found peace of mind in Him; poverty after richness, for he was rich and had capital, which is faith, then when he lost his capital he became poor and deprived, and he can only get that wealth back by repenting sincerely and striving hard; loss of provision, for a person is deprived of provision as a result of sins that he commits.
A seal and stain on the heart, for when a person commits sin a black spot appears on his heart, but if he repents it disappears.
Allaah, His angels and His slaves turn away from him, for when a person turns away from obedience to Allaah and becomes busy with sin, Allaah and His angels turn away from him.
In conclusion, the effects of sin are many more than a person can grasp, and the effects of obedience are many more than a person can comprehend. The best of this world and the Hereafter are to be found in obeying Allaah and the worst of this world and the Hereafter are all to be found in disobeying Allaah.
And Allaah knows best.









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Dought & clear, - He has repented from stealing from the kuffaar.

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I live in a non-muslim country and for a long time was committing many sins, but, alhamdu_lillah who has guided me to his straight path I have repented. However, before I repented I use to do things such as steal from shops, cheat the government for social security money, take public transport without paying and things of that nature (may Allah forgive me). If I inform the authority of these things I will be imprisoned in non-muslim environment! please tell me what I should do! and please ask Allah to forgive me.
Praise be to Allaah.
Praise be to Allaah Who has honoured you by enabling you to repent, We ask Allaah to guide us all to the Straight Path and to make us steadfast in following it until death.
You should note that it is not permissible for the Muslims to cheat anyone and take his money unlawfully, even if he is a kaafir.
If the Muslim commits any sin, whether stealing or anything else, then repents before the matter is referred to the judge, then he is spared the punishment in that case, and it is not permissible to punish him, because Allaah says concerning banditry (interpretation of the meaning):
“The recompense of those who wage war against Allaah and His Messenger and do mischief in the land is only that they shall be killed or crucified or their hands and their feet be cut off from opposite sides, or be exiled from the land. That is their disgrace in this world, and a great torment is theirs in the Hereafter.
Except for those who (having fled away and then) came back (as Muslims) with repentance before they fall into your power; in that case, know that Allaah is Oft-Forgiving, Most Merciful”
[al-Maa’idah 5:33-34]
And the Prophet (peace and blessings of Allaah be upon him) said: “The one who repents from sin is like one who never sinned.” And the one who did not sin cannot be punished.
Al-Ikhtiyaaraat al-Fiqhiyyah, p. 510-526;al-Mughni, 12/484
It was narrated from ‘Abd-Allaah ibn ‘Umar (may Allaah be pleased with them both) that the Messenger of Allaah (peace and blessings of Allaah be upon him) said, after al-Aslami had been stoned, “Avoid these immoral actions that Allaah has forbidden. Whoever does any of them, let him conceal that which Allaah has concealed, and let him repent to Allaah, for whoever tells us what he has done, we will carry out the ruling mentioned in the Book of Allaah on him.” (Narrated by al-Haakim inal-Mustadrak ‘ala’l-Saheehayn, 4/425; al-Bayhaqi, 8/330. This hadeeth was classed as saheeh by al-Haakim, Ibn al-Sakan and Ibn al-Mulaqqin).
Seeal-Talkhees al-Habeer, 4/57;Khalaasat al-Badr al-Muneer, by Ibn al-Mulaqqin, 2/303.
Based on this, you do not have to go to the authorities and tell them about your stealing, rather it is sufficient for you to repent sincerely. But you have to return the money to its owners, because your repentance is not valid otherwise. You do not have to tell them that this is money that you stole from them, especially if you are afraid that they will put you in prison. What matters is returning the money etc to its owners. So you could put it in an envelope, or give it to someone who will give it to them, etc.
You must also return the government’s money, and the money of other people. If you do not know exactly how much the money was, then estimate what you think is most likely, i.e., pay until you are sure that you have done what you must do.
If you do not know who the owners of the money are, then you can give it in charity on their behalf.







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