Thanks for the reply guys.
As i was going through the Qu'ran recently. I have come across this verse and need some advice on this. The above verse In 5:38 states to ''mark the hand'', there are many interpretations on this, however lets just assume it means to cut the hand.
However why isit in verse 12:76 it basically states that Thieves do not have their hands cut-off, but are made to work until they return that which is stolen.
??? Even though this punishment seems more appropriate. Why are there two different verses expalining the punishment for stealing in a different way?
Personally I believe its best to interpret the punishment for stealing in regards to 12:76. But doesnt that in some way contradict the punishment in 5:38?
Would be grateful if somebody could clear this up for me.
Jazkallah
Asalaamu Alaikum, sorry for the late reply. Regarding your question, verse 12:76 is part of the story of Yusuf (AS) where early on in his life both of his brothers had pushed him in a well out of jealousy but he did manage to escape and was eventually sold as a slave in Egypt.
After many events he was imprisoned where it became known that he could interpret dreams. The king asked for him to intepret a dream he kept having and he interpreted it correctly which resulted in him saving the whole kingdom from famine and starvation. From this he gained an important government position looking after food stocks.
His brothers and his father Yaqub (As) lived in Palestine which was experiencing a lot of famine and starvation because of crop and food shortages and so the father of Yusuf's two brothers (who had pushed him in the well) ordered his two brothers to go and get grain from Egypt where stock was plentiful. This is where Yusuf was looking after the grain stores.
So his brothers came to get grain but they did not recognise Yusuf (As) but Yusuf (AS) recognised them and he was happy inside and most generous to them. He enquired about their father and they informed him about his halth and also mentioned they had a younger brother Benyamin.
Yusuf (AS) really wanted to see his younger brother so he ordered the two brothers to bring their younger brother Benyamin with them next time they came to get grain otherwise they would not get any grain again.
So his brothers informed their father Yaqub (As) that the opne who looked after the grain stores (Yusuf) ordered them to bring their younger brother next time they came otherwise they would not get any grain. So they convinced their father who was very worried because the last time he trusted the two brothers they had lost Yusuf (As0 and he did not want the same to happen to their younger brother.
He eventually agreed and Yusuf's brothers returned again for grain bringing their younger brother Benyamin with them. Yusuf (AS) was most happy and took Benyamin aside and revealed his true identity only to him to which Benyamin was most happy.
In order for Yusuf (AS) to keep Benyamin with him with him he ordered one of his servants to put a golden cup into Benyamins bag and when the people searched the brothers bags and found the cup in Benyamins bag they told him he will have to stay here because of his crime meaning the brothers who still did not know that was Yusuf (AS) had to go back home and explain to their father that he had now also lost his younger son who had to stay because of being accused of stealing. But this was only a plot by Yusuf (As) to keep his younger brother with him as Allah had willed.
Eventually when his brothers came back after experiencing much hardship and famine Yusuf (As) revealed his identity to them and asked his father and family to join him.
You should read the story of Yusuf (AS) and you will understand the beautiful story much better. Hope that clarified things for you.
Regarding the Islamic perspective on stealing then Sheikh Mufti Muhammad Ibn Adam Al Kawthari answers your question:
The different penalties prescribed by Shariah is not in order to inflict harm on people and make them suffer, rather the Shariah concept for imposing penalties for the various crimes is that they prevent harm, destruction and anarchy in the society. They are not prescribed in order to harm people, but the contrary.
Allah Most High says:
"In the law of retaliation there is (saving of) life to you, O you men of understanding" (Surah al-Baqarah, 179).
Due to the idea behind these various penalties being imposed not to make an individual suffer, rather to create a better society as a whole, the Shariah laid down certain strict rules and conditions in order for the punishment to be established or enforced. These strict conditions can be seen in all the various penalties that have been imposed.
The case with theft and stealing is the same in that certain conditions have been laid down for the penalty to be imposed. If the conditions are met, only then will such a penalty be enforced.
Conditions for the penalty of theft:
The following are the conditions which must be met in order to establish the penalty of theft:
1) The one who steals is sane
2) He has reached puberty
3) He steals equivalent to the amount (nisab) or more. The Nisab is one Dinar or ten Dirhams (i.e. 4.374 grams of gold). The Messenger of Allah (Allah bless him & give him peace) said:
"There is no cutting (of hands) for stealing that is less then ten Dirhams" (Musnad Ahmad).
Sayyidah Aisha (Allah be pleased with her) reports that
"The hands were not cut in the time of the Messenger of Allah for stealing worthless things" (Musannaf Ibn Abi Shaybah).
Aisha (Allah be pleased with her) narrates that: "The hand of a thief was not cut off during the lifetime of the Messenger of Allah (Allah bless him & give peace) except for stealing something equal to a shield in value" (Sahih al-Bukhari, 6792, & Sahih Muslim, 1685).
A shield was worth one Dinar at that time, as narrated by Ibn Abbas in Sunan Abu Dawud & Sunan Nasa'i.
4) He steals the article from a place that meets the requirements of security and safeguarding. This security is considered when the article is safeguarded by a guard or by it being locked in a place.
5) The article is in the ownership of another person
6) There is no confusion in it (as to whether he took it by way of theft or for some other reason).
7) It was stolen secretly (not by force, etc).
If any of the above conditions are not met, then the penalty of theft will not be established.
Allah Most High says:
"As to the thief, male of female, cut off his or her hands. A punishment by way of example, from Allah, for their crime" (Surah al-Ma'idah, 38).
As far as the evidence and testimony is concerned, stealing will be established by self admittance once or by the testimony of two adult males. The witnesses will be asked the details of the incident, as not to make an error.
A person's hand is not amputated when he steals less than the equivalent of 4.374 grams of gold, from place that does not meet the requirements of security, something that is useless, something that is in general ownership such as water in the river, sticks from the wood, etc�, food that rots very quickly such as milk, meat, fruits, etc�, articles that are unlawful due to the possibility that one had an intention of getting rid of it, such as musical instruments.
The penalty:
The penalty for the one who steals (when the above conditions are met) is that his/her right arm is amputated. If a person steals a second time, his left foot is amputated; if a third time, then he will be imprisoned until he repents, but no further amputation will take place.
Sayyiduna Ali (Allah be pleased with him) says:
"I feel guilty in front of Allah if I leave him without hands (i.e. amputating both) by which he eats, and feet, by which he walks" (Sunan Darqutni, al-Bayhaqi & Musannaf ibn Abi Shayba).
The above are some of the important aspects relating to the penalty of theft. It has been primarily based on the famous Hanafi work
(al-Ikhtiyar li ta'lil al-Mukhtar, P341-351).
Source: http://qa.sunnipath.com/issue_view.asp?HD=1&ID=1895&CATE=12
So Islam prescribes that a thief’s hand should be cut, but such punishment is never inflicted when there is the slightest doubt that the thief was impelled to crime by hunger. It can only be applied if goods stolen are over a set value and consideration is given to whether this is a first offence or the person is a compulsive thief. Its effectiveness as a deterrent can be demonstrated in that in a 400 year period when it was applied 6 people had their hand cut off.
Compare this with the rampant crimes being committed every day in modern society, where houses are broken into every few minutes and cars are stolen with such frequency that police find themselves in a vicious circle of car chases, leading in most instances to damage to property and in some cases death of innocent people. Police are also finding that in many instances it is repeat offenders who have scant regard for people’s property and less regard for the judicial system. In America many dozens of people are killed every day because of petty theft.
And Allah knows best in all matters
