> What is actually the punishment for theft in Quran?

[optimist]

Salam,

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 amends"(5:39). How will he or she be redeemed once he or she has lost his or her hands? How could he or she deserve a second chance without his or her hands?

We will look into the Qur'an and study the application of the theft punishment. First, we will discuss in short three important features of criminal law in Qur'an relevant to our discussion.

A. The Law of Equivalence.

According to the Qur'anic criminal justice, a punishment must fit the crime. The law of equivalence must be followed in all cases. The Qur'an states

“In the law of equality there is life to you, oh men of understanding”

So also, the Qur'an directs Prophet Muhammad to follow the law of equivalence in matters of punishments.

“If you punish, let your punishment be proportionate to the wrong that has been done to you.” - (16:126)

This important principle is also stated in verse 42: 40 as well;

The recompense for an injury is an injury equal thereof (in degree); but if a person forgives and makes reconciliation, his reward is due from Allah -

Therefore, it is evident from the above verses that the Qur'an prescribes law of equivalence in all punishments. An Islamic state is bound to follow this principle while formulating and enforcing laws.

B. Option to claim compensation from the offender.

In Islam, the victims or the family of the victims are given option to claim compensation for the crimes committed against them. This is an important feature of criminal law in Islam.

Let's consider the case of murder in Qur'an, which is a worse crime than stealing. There are two earthly punishments. Verse 4:92 deals with a believer's accidental killing. Neither capital punishment nor jail are involved. However, he has to pay a blood money to the family of the deceased unless it is remitted freely by them. Verse 2:178 deals with the second case when someone meant the killing. This verse also gives the option of sparing the murderer's life, with reasonable compensation to the family of the person killed if they agree to this. Therefore, in Islam the victims and/or the family of the victims have to fix the quantum of punishment for all the crimes committed against them.

C. Encouraging exercise of forgiveness to the criminals if they repent and reform.

This is also a very important feature of Islamic Jurisprudence, which is not often highlighted. The element of forgiveness and mercy is very strong in Islam. Yet, today in the formulation and enforcement of Muslim Laws the tendency is to be as harsh as possible. It is pertinent to note that wherever the Qur'an mentions punishments, that verse ends with a clause for forgiveness. We will look at a few verses:

“…. Eye for eye, nose for nose, ear for ear, tooth for tooth, and wounds equal for equal. But if any one remits the retaliation by way of charity, it is an act of atonement for himself” - (Ch. 5: Ver. 45)

“Fight in the cause of Allah those who fight you. But do not transgress limits; for Allah does not love the transgressors. And slay them where ever they catch them, and turn them out from where they have turned you out; for persecution is worse than slaughter; but fight them not at the sacred mosque, unless they fight you, slay them. Such is the reward of those who reject faith. But if they cease, Allah is oft-forgiving, most merciful.” - (Ch. 2: Ver. 190-91)

“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”. - (Ch. 24:Ver. 4)

"The retribution for those who fight God and His messenger, and spread mischief in the land, is to be killed, or crucified, or to cut off [qatta’a] their hands and feet on alternate sides, or to be banished from the land; except for those who repent before they fall into your power; in that case know that Allah is oft-forgiving, most merciful. (Ch. 5: Ver. 33-34)

See, even in worst crimes like waging war against Allah and his messenger and spreading mischief on land, if there is true repentance on the part of the criminals, they have to be given forgiveness according to the above verse.

Therefore, keeping in mind the above three principles, it will become abundantly clear that, `If the thief repents after committing the crime and reforms’, the punishment of cutting of the hands as stated in 5:38 will not apply; i.e., if one stole your money and thereafter he repents and returns the money to you and compensate you for all the loss, then cutting of his hands must not be carried out and it is not an equitable punishment. This does not mean that every time when a thief returns the stolen articles he should be forgiven. The verse 5:39 requires reformation on the part of the thief. We have to frame laws in this regard taking into account the general principles contained in the Qur'an, the circumstances of the case, nature of the theft, etc. What is theft and which theft at what circumstances should be met with the maximum punishment of cutting of the hands is the concern of the State. It therefore follows that the State has the authority to lay down rules of conduct for the people based on the injunctions of the Holy Qur'an.

Lastly and finally look at the following verse;

“And the servants of (Allah) Most Gracious are those who walk on the earth in humility.............Those who invoke not, with Allah, any other god, nor slay such life as Allah has made sacred except for just cause, nor commit fornication; - and any that does this (not only) meets punishment. (But) the Chastisement on the Day of Judgment will be doubled to him, and he will dwell therein in ignominy, Unless he repents, believes, and works righteous deeds, for Allah will change the evil of such persons into good, and Allah is Oft-Forgiving, Most Merciful, And whoever repents and does good has truly turned to Allah in repentance;-(25:68-71)

Wassalam

[Qatada]

asalaam alaikum


Allah's Messenger would apply the punishment if the crime became public and the person hadn't been forgiven by the one wronged;

Hudud Punishments for Stealing


Fatimah bint Aswad al Makhzumiyah [a noble woman from Quraysh] stole and her hand was chopped off because the crime became public, her hand was removed and she was forgiven. Aisha tells in other ahadith that she was righteous after that and repentant.



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