> Hudud Punishments for Stealing

[Qatada]

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From Bulugh al Maraam

Stealing.

1053. Aisha, bukhari and Muslim.

Prescibred hadd cut hand is value of 1/4 dinar or more. This is equal to 3 dirhams.


1054. Ibn Umar, Sahih. Allah's Messenger Cut hand for thief who had stolen shield for 3 dirhams.



1055. Abu Hurayrah. Egg, rope hadith. Cutting hand for no value i.e. why cut your hand off for a few pennies when your hand is worth 50 camels [around £50,000] in blood money (Diyah)?.


1056. Aisha. Bukhari wa Muslim. Banu Makhzum woman. No room for changing or interceding in laws of Allah.


1057. Jabir. Ahmad and the 4 sunans.

Money or wealth in Safe removed (through stealing)...


1058. From Rafi', and its sahih [authentic.]
No cutting hands of person if fruits taken from tree to eat. UNLESS the person takes alot, i.e. the talker (Muhammad S Adly) says that the person opens their car boot and starts to fill it up with fruits from the tree.)


1059. Weak hadith.


1060. p442. Al Hakim, Mursal hadith (tabi'i hears from sahabi). Hand should be cured (i.e. cauterized?) so the blood doesn't carry on flowing/escaping when the hand has been cut. - otherwise this can cause death.)

In the past they would place it in boiling oil, so the skin would be sealed up and the blood would stop escaping.

[this might seem harsh, but the person brought it on themselves and the whole point for punishment is to deter the people from crimes.]



1061. Abdullah ibn 'Amr ibn al 'Aas. Hasan [good] narration.

A person who carries fruits (i.e. by picking them off a tree and eating them for leisure) is chastised, i.e. jailed, imprisoned, fined etc.

However, if its taken/stolen from storage, i.e. a Safe like location, i.e. its known that its purposelly been locked up or placed away for protection. And its stolen from here, and it exceeds a quarter of a dinar [3 dirhams]. Then his hand is cut.

However, if it was due to hunger that he ate - just enough to satisfy his hunger to keep him alive, then there is no blame on him.

But if he takes extra away, then he is blameworthy.



1062. Safwan ibn Umayyah narrated it and its Sahih [authentic]. Abu Dawud, ibn Majah and Al Hakim.

A Man stole my garment. So Safwan told Allah's Messenger, who was going to apply the hadd punishment on that man.

Then Safwan said that he forgave the man who stole his garment.

Allah's Messenger asked Safwan why he didn't forgive him before taking it to him i.e. the ruler (i.e. in this case, Allah's Messenger.)

We learn that if he had not taken it to court, he could forgive him then. But after it has been taken to court, the law has to be applied so others learn from it, since its the judges duty to put it into effect once its reached this level. This is Allah's right now, and the right of the one whose been stolen from is not relevant as of now.

[Qatada]

asalaam alaikum


i'll add the ahadith later insha Allah.

[Qatada]

asalaam alaikum



penalty for theft




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