Surah 5. Al-Ma'ida

60One hand of the thief (and not both hands) is to be cut off, and the consensus of opinion is that the right hand should be cut off for the first theft.

The Holy Prophet has excluded an act of breach of trust from theft and decreed that the hand of the one guilty of this is not to be cut off. An act of theft is committed only when a person wrongfully takes away goods from the custody of another and brings them into his own possession.

The Holy Prophet has also decreed that a hand is not to be cut off for the theft of a thing whose value is less than that of a shield. At that time the price of a shield according to (a) 'Abdullah bin 'Abbas was ten dirhams, (b) Ibn 'Umar three dirhams, (c) Anas bin Malik five dirhams, and (d) Hadrat `Aishah one-fourth of a dinar. That is why there has been a difference of opinion among the Jurists in regard to the minimum limit for theft for the cutting off of a hand. According to Imam Abu Hanifah, it is ten dirhams and according to Imams Malik, Shafi'i and Ahmad it is one-fourth of a dinar. (At that time a dirham was equal to the value of three mashas and one ands half rattis of silver, and one-fourth of a dinar was equal to three dirhams).

Moreover, there are many things for the theft of which the hand is not to be cut off. For instance, the Holy Prophet directed that hand should not be cut off for the theft of fruits and vegetables, and that there should be no cutting off of hand for the theft of eatables. According to a Tradition from Hadrat `A'ishah, "Hands were not cut off for the theft of paltry things during the time of the Holy Prophet (Allah's peace be upon him)." Caliphs 'Uthman and 'Ali decreed, and no Companion disagreed, that a hand is not to be cut off for the theft of a bird. Moreover, Caliphs 'Umar and 'Ali did not cut off a hand for a theft from the Public 'treasury and there is no mention of any kind of disagreement among the Companions about this also.

That is why the Jurists have not included certain things in the list of those for the theft of which hands should be cut off. According to Imam Abu Hanifah, hands should not be cut off for the theft of vegetables, fruits, flesh, cooked food, grain which has not yet been gathered together, articles used for sports and music. Besides these, he is of the opinion that the hand should not be cut off for the theft of animals grazing in forests and for theft from the Public Treasury. Likewise the other Imams also have excluded the theft of certain things from this punishment, but this does not mean that there is no punishment at all for those thefts. These crimes should be punished in other ways than this.

61This does not mean that if the thief repents, his hand should not be cut off. It only means that if a person repents after his hand has been cut off and reforms himself and becomes a true servant of God, he will save himself from the wrath of Allah, Who will cleanse him of his sin. On the contrary, if a person does not repent and reform himself even after his hand has been cut off, but goes on nurturing evil thoughts, this clearly shows that he has not cleansed his heart even after this severe punishment. Therefore he shall deserve the wrath of Allah as he did before his hand was cut off. That is why the Qur'an exhorts such a person to beg for the forgiveness of Allah and reform himself. The hand is cut off for the preservation of society. The punishment does not necessarily purify the soul. This can only be achieved by repentance and' turning to God. It is reported in the Traditions that once the hand of a thief was cut off by the order of the Holy Prophet. After this he sent for him and asked him to say, "I beg for Allah's forgiveness and turn to Him." Accordingly, the thief uttered these words. Then the Holy Prophet invoked Allah's forgiveness for him.