Theft

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The media often refers the “hacking off” of the thief’s hand in order to portray the most gruesome picture possible of the implementation of Islamic criminal law.

The Qur’an prescribes amputation in Chapter 5: 38

وَالسَّارِقُ وَالسَّارِقَةُ فَاقْطَعُوا أَيْدِيَهُمَا جَزَاءً بِمَا كَسَبَا نَكَالًا مِنَ اللَّهِ وَاللَّهُ عَزِيزٌ حَكِيمٌ

“As for thieves, both male and female, cut off their hands as recompense for their deeds and an exemplary punishment from Allah…”

However, there are conditions under which this law is to be applied.

The law of amputation is not applied under the following circumstances:

1 – During times of famine or starvation. If a person steals food to prevent starvation, his hand will not be amputated. If he steals property because of the opportunity in a time of natural disaster, he is a criminal whose hand should be removed.

2 – If a worker stole from a boss who had withheld his pay. Instead the boss would be penalized as long as the amount stolen was not more than was owed in back wages.

3 – If the property taken was public property. For example, rugs or fittings in a mosque, or seats from public transport.

4 – If the value of the property was less than 10 dirhams.

5 – If the item stolen was not in its proper place (i.e., it was accidentally left somewhere and thus became temptation). The professional pickpocket or burglar have made theft a way of life.

The right hand is surgically removed at the wrist and not hacked off by a meat cleaver or a chain saw, as media reports seem to imply. The left foot at the ankle is removed on the second occasion and on the third occasion he may be executed as incorrigible. This law is implemented publicly for the purpose of deterrence.

Theft

The law of amputation is not applied under the following circumstances:

Theft

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