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  1. #1
    Limited Member Array aim's Avatar
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    Why cutting the hand of the thief??? (OP)



    In many Muslim countries Muslim cut the hand of theaves so why they do it in some countries and not in other.

    [Narrated Abu Huraira: The Prophet said, "Allah curses a man
    who steals an egg and gets his hand cut off, or steals a rope
    and gets his hands cut off."]


    Please I want answer with references.

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    Limited Member aim's Avatar
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    Why cutting the hand of the theaf???


    What should I do to see the bigger picture and I think that Islam is made of many point so what is the most important thing to start to .

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    Limited Member aim's Avatar
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    re: Why cutting the hand of the thief???


    And I have read that God give people faith and choose them in their so if I try hard and can't reach faith.

    Because I am trying since many years but nothing, you have seen in previous post that they are things that I disagree with.

    If I die and I am a pagan even if I am tried???

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    Limited Member aim's Avatar
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    re: Why cutting the hand of the thief???


    And I am still trying,
    what should I do exactly ??

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    Account Disabled Whatsthepoint's Avatar
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    re: Why cutting the hand of the thief???


    Quote Originally Posted by Ayesha Rana View Post
    Progeny: by stoning for the non-virgin adulterer and adulteress.
    Er...what?

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    re: Why cutting the hand of the thief???


    Quote Originally Posted by themuffinman View Post
    i dont think its too much, you have to realize this is under sharia law if fully implemented there really shouldnt be a need to steal as sharia also requires full payment of zakaat ( charity) and if implemented correctly noone should be poor so the stealing isnt justified. also with a harsh punishment like that people would think twice about stealing wouldnt they =P
    What about kleptomaniacs? People who feel the urge to steel?

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    IB Oldtimer alcurad's Avatar
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    re: Why cutting the hand of the thief???


    depends on the 'level' of kleptomania, doesn't it..
    generally, some of the 'prescribed' punishments could be dependent on the times, different situations etc. as it is, capital punishment for apostasy has been generally refuted-leaving a religion doesn't equal treason in a world of nation states-, shown to be mostly a special case for a special time, perhaps the same goes for the others.
    Last edited by alcurad; 12-20-2008 at 02:43 AM.
    Why cutting the hand of the thief???

    ” إن الأمة التي تحسن صناعة الموت توهب لها الحياة”

    正直・・・微妙

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    Full Member themuffinman's Avatar
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    re: Why cutting the hand of the thief???


    as for kleptomaniacs, the pen is lifted for those who are insane, they bear no consequences for it if it can be proven that it really is a problem, hell people claim being gay is a problem in the mind i call bull....

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    IB Oldskool Umar001's Avatar
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    re: Why cutting the hand of the thief???


    Bismillahir Rahmanir Raheem,

    Hey, hope you're well today! Peace be upon those who follow guidance.

    Quote Originally Posted by aim View Post
    Nice reply,
    1st==> Eg in Arabia Saudia they cut the hands the heads they also stone people. You can use video google to find these videos it is easy.
    Come on, I need an authoritative source, if you can direct me to a youtube video which has official information from Saudi Arabia or direct me to a site which has their laws then that is evidence, just saying 'search youtube' is not always good enough.


    Quote Originally Posted by aim View Post
    But in country like Tunisia and Morocoo for eg they do not.
    Did they used to and when did they abolish it?


    Quote Originally Posted by aim View Post
    The hadith from the boukari chapter 82 hadith number 774 (I have the two books translated by Muslims) and I even have tafsir ibnu kathir and many other.
    Is the wording as you have it above from Bukhari Hadith number 774?

    Though I don't feel very satisfied that you have provided evidence for Saudi Arabia, I will answer your questions, but the reason I wanted you to do research is so that you realise when and how and for what are people punished, is it because they steal food when they are hungry (shouldn't be so) or is it because they are greedy and ruin people's life and emotionally cause grief which can least for years and disrupt society, so much so that people are paranoid about people stealing, as in some cases in the United Kingdom where even a child 11 or 10 used a knife to steal a game from a girl!

    Quote Originally Posted by aim View Post

    In many Muslim countries Muslim cut the hand of theaves so why they do it in some countries and not in other.

    [Narrated Abu Huraira: The Prophet said, "Allah curses a man
    who steals an egg and gets his hand cut off, or steals a rope
    and gets his hands cut off."]


    Please I want answer with references.
    So why do some cut the hand of thiefs? Because they, in some way, may follow the Islamic teaching. Why do some other countries not do so, because in some way or another they do not follow the Islamic teaching.

    But we have to look into it specifically in each country. It is like asking 'why does one woman wear hijab and another doesn't?' The general answer is one follows Islam and one does not, but we should ask the ladies so we hear it from their mouths, that's why I asked you to seek official papers from those specific goverments.

    Quote Originally Posted by aim View Post
    Plus don't you think that is too much??
    If one knows the limitations then no. My question is do you know the limitations friend? Read this from Islamqa:

    The hadd punishment for theft

    the criminal punishment in muslim countrys seem to be different from the sunnah, like chopping a theifs fingers off and leaving his thumb if he stole for the first time(in iran this happens).is this sunnah?


    Praise be to Allaah.

    Theft is haraam according to the Qur’aan, Sunnah and scholarly consensus (ijmaa’). Allaah has condemned this action and decreed an appropriate punishment for it. The hadd punishment for a thief is to cut off his hand. Allaah says (interpretation of the meaning):

    “And (as for) the male thief and the female thief, cut off (from the wrist joint) their (right) hands as a recompense for that which they committed, a punishment by way of example from Allaah. And Allaah is All Powerful, All Wise” [al-Maa’idah 5:38]

    The Prophet (peace and blessings of Allaah be upon him) said: “The hand should be cut off for (the theft of) a quarter of a dinar or more.” (Narrated by al-Bukhaari, al-Hudood, 6291)

    The Prophet (peace and blessings of Allaah be upon him) cursed 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. He (peace and blessings of Allaah be upon him) said, “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, al-Hudood, 6285).

    What indicates that this ruling is definitive is that fact that a Makhzoomi noblewoman stole at the time of the Prophet (peace and blessings of Allaah be upon him), and Usaamah ibn Zayd wanted to intercede for her. The Prophet (peace and blessings of Allaah be upon him) became angry and said, “Do you intercede concerning one of the hadd punishments 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 Muhammad were to steal, I would cut off her hand.” (al-Bukhaari, Ahaadeeth al-Anbiyaa’, 3216)

    This is the ruling of Allaah concerning theft, that the hand should be cut off from the wrist joint.

    Al-Nawawi said in his commentary on Saheeh Muslim: 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-Qurtubi said: 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, cutting off the hand of the thief 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:

    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.

    1- 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 (interpretation of the meaning):

    “Do they then seek the judgement of (the days of) Ignorance? And who is better in judgement than Allaah for a people who have firm Faith” [al-Maa’idah 5:50]


    See al-Jaami’ li Ahkaam al-Qur’aan, 6/159; al-Mulakhkhas al-Fiqhi, 2/442


    Quote Originally Posted by aim View Post
    And now please anwser my question "Super Moderator".
    I hope you want change the subject again because then it will mean you have no answer unfortunately and I will be deeply disappointed my friend Al Habeshi.
    Don't tell anyone but I am only a supermoderator because I used to be popular, nothing to do with how much knowledge, so if you don't get answers don't be dissapointed. So please don't call me Super Admin, call me Abdullah.

    And Allah Knows Best

    Br.'Abdullah
    Why cutting the hand of the thief???

    The path is long but I hope we meet,
    After the grave and the Day, in paradise in bliss upon a reclined seat.

    A traveler traveling - travelled from shirk to tawheed,
    If I'm remembered for anything - let it be the Mercy I seek.

    Your Bro. Abu Hurayra, al-Habeshi

  10. #29
    Student of knowledge Yanal's Avatar
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    re: Why cutting the hand of the thief???



    I am answering your thread title question " Why cut the hands of theives?"
    In muslim or ISlam you can say stealing is haram and if someone steals they getthere hands cut off so that they can ask for forgivness and never steal again because they have no hands anymore, unless they use their feet.

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    Spread this Avatar! - Qatada -'s Avatar
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    re: Why cutting the hand of the thief???




    Cut off (from the wrist joint) the (right) hand of the thief, male or female, as a recompense for that which they committed, a punishment by way of example from Allâh. And Allâh is All*Powerful, All*Wise.


    But whosoever repents after his crime and does righteous good deeds (by obeying Allâh), then verily, Allâh will pardon him (accept his repentance). Verily, Allâh is Oft*Forgiving, Most Merciful.



    (Qur'an Al Ma'ida 5:38)



    A couple of points to note on the punishment of amputation for theft:
    a-the punishment will not be applied if there is any doubt as to the guilt of the suspect

    b-the punishment will not be applied if the value of the stolen goods is below something of great value -> determined by 'urf [customs of society]

    c-the punishment will not be applied if the thief stole out of need/poverty

    d-the punishment will not be applied if the goods weren't in proper storage (al-hirz) -> also determined by 'urf (customs of society)

    e-the punishment will not be applied if the thief returns the goods and seeks forgiveness of the victim of the theft, before the case enters the judicial system

    f-the punishment will not be applied if the culprit is not a sane adult and the crime was not committed under duress

    g-the punishment will not be applied if the goods were not legally owned

    h-the punishment will not be applied if it is a child stealing from parents or parents stealing from children or one spuse from another according to the opinion of all jurists except Imam Malik.

    i-the punishment will not be applied if the person is permitted to enter the place from where he stole because in such a case there is no proper custody (al-hirz)

    j-according to Imam Abu Hanifa the punishment is not applied to the non-muslim living in the muslim state, however Imam Shafi', Imam Malik and Imam Ahmad ibn Hanbal have said that it is.


    If the theft passes these restrictions, then it recieves the hadd punishment of hand amputation. Any theft that does not meet these restrictions recieves ta'azir (discretionary punishment). In such cases the Islamic society would most likely follow case/common law by rule of precedent where like cases are treated alike.



    Coming to the scenario where amputation is applied in theft, it is interesting to note the effect this has on society. I'd like to quote some parts of a discussion at a conference of the Saudi scholars:

    At this point Dr. Dawalbi made a comment:
    "I have been in this country for seven years", he said, "and I never saw of heard of, any amputation of the hand for stealing. This is because the crime is extremely rare. So, all that remains of that punishment is its harshness, which has made it possible for those who are tempted to steal, to keep their hands whole. Formerly, when these regions were ruled by the french-inspired Penal Code, under the Ottoman Empire, pilgrims travelling between the two Holy Cities - Mecca and Medina, could not feel secure for their purse or their life, unless they had a strong escort.

    But when this country became the Saudi Kingdom, the Qur'anic Law was enforced, crime immediately disappeared. A traveller, then, could journey, not only between the Holy Cities, but even from Al-Dahran on the Gulf to Jeddah on the Red Sea, and traverse a distance of more than one thousand and five hundred kilometres across the desert all alone in his private car, without harbouring any fear or worry about his life or property, be it worth millions of dollars, and he be a complete foreigner."


    The Saudi Delegation resumed:
    "In this manner, in the Kingdom of Saudi Arabia, where Islamic law is enforced, state money is transferred from one town to another, from one bank to another, in an ordinary car, without any escort or protection, but the car driver.

    Tell me, Gentlemen: in any of your Western States, would you be ready to transfer money from one bank to another, in any of your capitals without the protection of a strong police force and the necessary number of armoured cars?

    ...Only here, Gentlemen, in this country where Islamic Law is enforced, the American Minister of Foreign Affairs, Mr. William Rogers, during his visit last year, could, he and his suit, dispense with the armoured cars, which had been carried in by special planes, and which accompanied them in their tour of more than ten countries. Only here, Gentlemen, did the Government of the Kingdom not allow its visitors to go around in these cars. Eventually, Mr. Rogers spontaneously declined the guard of honour usually placed by the Government at the disposal of their foreign guests; he walked through the soulks by himself, and confessed that, in this Kingdom, and in this Kingdom alone, one had such a feeling of security that one had no more need of a guard.

    ...Stealing is almost unknown in our Kingdom, when people, in the great Capitals of Western countries under secular regimes, have no more security for their lives of their possessions.
    (Doi, Shari'ah: The Islamic Law, Ta Ha Publishers 1984, pp. 260-261)


    Personally, I know many people who have lived for ten or twenty years in Saudi Arabia and they have testified that they have never come across such a case of amputation for theft. When you implement such a balanced code, theft becomes un heard of.



    I want you to look at this UN survey of burglaries between 1998-2000*. Tell me who is at the bottom of the list? Who is at the top?

    *http://www.nationmaster.com/graph-T/cri_bur



    1. United States 2,099,700 burglaries (1999)
    2. United Kingdom 836,027 burglaries (2000)
    .
    .
    .
    54. Saudi Arabia 11 (2000)!!!!


    Which law is more successful?


    These are concrete statistics here. There is no doubt when the UN conducts a survey and the country implementing Islamic law has the fewest burglaries, it demonstrates which is the most successful law in this regard.

    http://www.islamic-life.com/forums/q...-38-a-634.html

  13. #31
    Allahu Akbar Hamayun's Avatar
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    re: Why cutting the hand of the thief???


    ^^ Great post. And the stats prove that it works.
    Why cutting the hand of the thief???


  14. #32
    Full Member Akeyi's Avatar
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    Re: Why cutting the hand of the thief???


    even thieves are humans

    And we believe in hell and heaven more than we would believe something which we saw with our eyes.

    Every punishment is torture even to worst man.

    Punishments are there to deter from doing haram.

    And not every thieves hand will be cut there are levels of this things. And when i was a kind i heard on tv that there were thieves who cut old ladies hand to take her golden bracelets.

    And because of we believe to hell more than things we saw with our eyes. We pity us. If we get punished from our crimes in this world our our victim forgaves us then we wont be punished in afterlife.

    And in ottoman empire which lasted from 13 century to 20 century which has a army and leader which complimented by our prophet s.a.v there was only 6 thieves who their hand cut. This is the work of sharia.

  15. #33
    IB Oldtimer greenhill's Avatar
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    Re: Why cutting the hand of the thief???


    There was a similar thread like this a few years ago (and I see this was posted way, way, way before I became a member) and it seems that the OP has since gone responding mainly to this thread...

    I will say the same thing I said in the other thread …

    The cause and effect - steal and get your hand cut off, is a simple way of putting it. It should be enough of a deterrent for people. However, even if a person is caught it should not mean that the punishment of having his hands cut off is the only punishment to be meted out. It should be discovered why he stole in the first place.If it was genuine case of having no food to feed his family, then the authorities should help him find halal means of subsistence (or even give him zakat) with the 'reminder' that should he be caught doing it again he may very well face not having a hand.

    Islam is not barbaric, the prophet (pbuh) was forgiving, we should be too!


    2 | Likes Mustafa16, salimj liked this post
    Why cutting the hand of the thief???

    As long as my heart does beat, I shall live, not lie
    For when my heart does stop its beat, with truth, I die.

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    Full Member fromelsewhere's Avatar
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    Re: Why cutting the hand of the thief???


    Salaams,

    Cutting the right hand of a thief in Islam... Salafists (ultra-conservative Islamists) think this makes sense, as you can read from the very popular Salafi website: https://islamqa.info/en/9935.


    The hadd punishment for a thief is to cut off his hand. Allaah says (interpretation of the meaning):

    “And (as for) the male thief and the female thief, cut off (from the wrist joint) their (right) hands as a recompense for that which they committed, a punishment by way of example from Allaah. And Allaah is All Powerful, All Wise” [al-Maa’idah 5:38]

    The Prophet (peace and blessings of Allaah be upon him) said: “The hand should be cut off for (the theft of) a quarter of a dinar or more.” (Narrated by al-Bukhaari, al-Hudood, 6291)

    The Prophet (peace and blessings of Allaah be upon him) cursed 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. He (peace and blessings of Allaah be upon him) said, “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, al-Hudood, 6285).


    Others who are more moderate see things very differently, as you can read here: http://misconceptions-about-islam.co...ands-theft.htm


    The verse in question will be given then a discussion will be presented. It should be noted that like all punishments relating to members of a society, they are only enforceable if such a society is governed by the laws of The Quran. In such a society, it is a requirement for believers to provide for those in need [2:177, 2:215, 2:219, 5:89, 59:7].

    The male thief, and the female thief, you shall mark, cut, or cut-off their hands/means as a recompense for what they earned, and to serve as a deterrent from God. God is Noble, Wise. Whoever repents after his wrongdoing and makes amends, then God will relent on him. Truly, God is Forgiving, Merciful. [5:38-39]

    The above verses are commonly translated to mean physical cutting off the thief's hand or hands, however whilst this understanding is a theoretical possibility, when all the information is reviewed it is only one of several possibilities, hence the above translation. Firstly, it should be noted that the verse makes clear whoever commits theft but repents after and makes amends, then this is acceptable to God, thus no punishment can be administered in this case. This of course would only apply to those who do this before they have to be tried and found guilty. To prove this, see the verse below in which being punished is contrasted to relenting:

    There are some who await God's decree whether He will punish them or relent on them. God is All Knower, All Wise. [9:106]

    And how repenting and making amends shows a true repentance, thus reinforces the notion that a true/sincere repentance is accepted:

    And whoever repents and takes corrective action, certainly he turns toward God with true repentance. [25:71]
    ...
    Thus, it is possible to understand the punishment for thieves in four alternative ways:
    (1) cutting off their hands
    (2) cutting or marking their hands
    (3) cutting their means/power to steal, e.g. detention/jail.
    (4) cutting their sustenance, e.g. in order to compensate the value of the theft.
    It does seem the punishment could be flexible depending upon the time, circumstances and severity of crime - it is up to the society to choose one of these meanings or a combination of them depending on the severity of the crime and their ability to enforce the penalty.


    Please remember that "there is no compulsion in religion." There is no need to be a zealot. I have always considered Salafists to be quite wayward in their approach (to put it nicely) and good at creating large, unnecessary divisions in society and lots of mischief, but that is just my opinion.

    Last edited by fromelsewhere; 1 Week Ago at 05:14 AM.

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    IB Oldtimer azc's Avatar
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    Re: Why cutting the hand of the thief???


    ^What's quantum ofthe punishment for theft in your country...?

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    IB Oldtimer azc's Avatar
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    Re: Why cutting the hand of the thief???


    Quote Originally Posted by aim View Post
    Plus don't you think that is too much??
    what is too less.....?

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    عـــابر سبيـــل AabiruSabeel's Avatar
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    Re: Why cutting the hand of the thief???


    Quote Originally Posted by fromelsewhere View Post
    Cutting the right hand of a thief in Islam... Salafists (ultra-conservative Islamists) think this makes sense, as you can read from the very popular Salafi website: https://islamqa.info/en/9935.
    Why do we see deceptive tactics here? You are selective quoting the Fatwa to support your misconception. Read the Fatwa once again and in full.

    Let me quote some of the remainder here:

    Because cutting off the hand is a serious matter, cutting off the hand of the thief 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:

    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.

    1- 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.
    3 | Likes *charisma*, Al Sultan, noraina liked this post
    Why cutting the hand of the thief???




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    Re: Why cutting the hand of the thief???


    Quote Originally Posted by AabiruSabeel View Post
    Why do we see deceptive tactics here? You are selective quoting the Fatwa to support your misconception. Read the Fatwa once again and in full.

    Let me quote some of the remainder here:

    Because cutting off the hand is a serious matter, cutting off the hand of the thief 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:

    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.

    1- 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.
    Do you understand why some people are uncomfortable with this sort of thing? I'm not entirely sure if you understand the nature of the objection.
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    Re: Why cutting the hand of the thief???


    I personally think cutting of hands is a bit extreme but it definitely works.

    In the UK, a person can steal repeatedly and even make a living from it and the worst thing that will happen to them is they might get a prison sentence (which a lot of people see as a bonus because it is free food and accommodation and no Council Tax).
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    Re: Why cutting the hand of the thief???


    Quote Originally Posted by - Qatada - View Post


    Cut off (from the wrist joint) the (right) hand of the thief, male or female, as a recompense for that which they committed, a punishment by way of example from Allâh. And Allâh is All*Powerful, All*Wise.


    But whosoever repents after his crime and does righteous good deeds (by obeying Allâh), then verily, Allâh will pardon him (accept his repentance). Verily, Allâh is Oft*Forgiving, Most Merciful.



    (Qur'an Al Ma'ida 5:38)



    A couple of points to note on the punishment of amputation for theft:
    a-the punishment will not be applied if there is any doubt as to the guilt of the suspect

    b-the punishment will not be applied if the value of the stolen goods is below something of great value -> determined by 'urf [customs of society]

    c-the punishment will not be applied if the thief stole out of need/poverty

    d-the punishment will not be applied if the goods weren't in proper storage (al-hirz) -> also determined by 'urf (customs of society)

    e-the punishment will not be applied if the thief returns the goods and seeks forgiveness of the victim of the theft, before the case enters the judicial system

    f-the punishment will not be applied if the culprit is not a sane adult and the crime was not committed under duress

    g-the punishment will not be applied if the goods were not legally owned

    h-the punishment will not be applied if it is a child stealing from parents or parents stealing from children or one spuse from another according to the opinion of all jurists except Imam Malik.

    i-the punishment will not be applied if the person is permitted to enter the place from where he stole because in such a case there is no proper custody (al-hirz)

    j-according to Imam Abu Hanifa the punishment is not applied to the non-muslim living in the muslim state, however Imam Shafi', Imam Malik and Imam Ahmad ibn Hanbal have said that it is.


    If the theft passes these restrictions, then it recieves the hadd punishment of hand amputation. Any theft that does not meet these restrictions recieves ta'azir (discretionary punishment). In such cases the Islamic society would most likely follow case/common law by rule of precedent where like cases are treated alike.



    Coming to the scenario where amputation is applied in theft, it is interesting to note the effect this has on society. I'd like to quote some parts of a discussion at a conference of the Saudi scholars:

    At this point Dr. Dawalbi made a comment:
    "I have been in this country for seven years", he said, "and I never saw of heard of, any amputation of the hand for stealing. This is because the crime is extremely rare. So, all that remains of that punishment is its harshness, which has made it possible for those who are tempted to steal, to keep their hands whole. Formerly, when these regions were ruled by the french-inspired Penal Code, under the Ottoman Empire, pilgrims travelling between the two Holy Cities - Mecca and Medina, could not feel secure for their purse or their life, unless they had a strong escort.

    But when this country became the Saudi Kingdom, the Qur'anic Law was enforced, crime immediately disappeared. A traveller, then, could journey, not only between the Holy Cities, but even from Al-Dahran on the Gulf to Jeddah on the Red Sea, and traverse a distance of more than one thousand and five hundred kilometres across the desert all alone in his private car, without harbouring any fear or worry about his life or property, be it worth millions of dollars, and he be a complete foreigner."


    The Saudi Delegation resumed:
    "In this manner, in the Kingdom of Saudi Arabia, where Islamic law is enforced, state money is transferred from one town to another, from one bank to another, in an ordinary car, without any escort or protection, but the car driver.

    Tell me, Gentlemen: in any of your Western States, would you be ready to transfer money from one bank to another, in any of your capitals without the protection of a strong police force and the necessary number of armoured cars?

    ...Only here, Gentlemen, in this country where Islamic Law is enforced, the American Minister of Foreign Affairs, Mr. William Rogers, during his visit last year, could, he and his suit, dispense with the armoured cars, which had been carried in by special planes, and which accompanied them in their tour of more than ten countries. Only here, Gentlemen, did the Government of the Kingdom not allow its visitors to go around in these cars. Eventually, Mr. Rogers spontaneously declined the guard of honour usually placed by the Government at the disposal of their foreign guests; he walked through the soulks by himself, and confessed that, in this Kingdom, and in this Kingdom alone, one had such a feeling of security that one had no more need of a guard.

    ...Stealing is almost unknown in our Kingdom, when people, in the great Capitals of Western countries under secular regimes, have no more security for their lives of their possessions.
    (Doi, Shari'ah: The Islamic Law, Ta Ha Publishers 1984, pp. 260-261)


    Personally, I know many people who have lived for ten or twenty years in Saudi Arabia and they have testified that they have never come across such a case of amputation for theft. When you implement such a balanced code, theft becomes un heard of.



    I want you to look at this UN survey of burglaries between 1998-2000*. Tell me who is at the bottom of the list? Who is at the top?

    *http://www.nationmaster.com/graph-T/cri_bur



    1. United States 2,099,700 burglaries (1999)
    2. United Kingdom 836,027 burglaries (2000)
    .
    .
    .
    54. Saudi Arabia 11 (2000)!!!!


    Which law is more successful?


    These are concrete statistics here. There is no doubt when the UN conducts a survey and the country implementing Islamic law has the fewest burglaries, it demonstrates which is the most successful law in this regard.

    http://www.islamic-life.com/forums/q...-38-a-634.html
    The best and most well researched response on here. This should be satisfactory for anyone seeking to know the reason for this particular Islamic law.
    3 | Likes AabiruSabeel, Serinity, Al Sultan liked this post

 

 
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