Regarding the Grave Robber Who Is Caught: What Is His Punishment?

Hazrat Zuhri states that some people were brought to Marwan bin Hakam who used to steal shrouds from graves, so Marwan beat them and exiled them at a time when a large number of the companions of the Messenger of Allah (peace and blessings be upon him) were present.

Hazrat Zuhri narrates that during the caliphate of Hazrat Muawiyah, when Marwan was the governor of Madinah, a grave-cloth thief was caught. Marwan then consulted the companions of the Messenger of Allah (peace be upon him) and the jurists present in Madinah regarding this matter. None of them found any precedent of cutting off the hand of a grave-cloth thief, so all of them unanimously agreed that he should be beaten and paraded around.

Hazrat Muammar says that I have received news that Hazrat Umar bin Abdul Aziz cut off the hand of a grave robber.

Hazrat Hakam states that Hazrat Sha'bi and Ibrahim said: The hand of the thief among our deceased will be cut in the same way as the hand of the thief among our living is cut.

Hazrat Hajjaj says that I asked Hazrat Ata about a grave cloth thief. He replied: His hand will be cut off.

Hazrat Abdul Malik states that it is narrated from Hazrat Ata regarding a grave cloth thief. He said: He is in the category of a thief; his hand will be cut off.

Hazrat Ash'ath narrates that I asked Hasan Basri about a grave robber. He replied: His hand should be cut off. And I asked Hazrat Sha'bi, and he also replied: His hand should be cut off.

30525 - And I asked al-Sha‘bi, and he said: He is to have his hand cut off.

Hazrat Hakam and Hazrat Hammad state that it is narrated from Ibrahim regarding the grave-clothes thief: He said, "His hand will be cut off."

Hazrat Mughira narrates that Hazrat Hammad and his companions said: The hand of a grave-clothes thief will be cut off because he entered the house of the deceased.

Hazrat Ibn Yaman narrates from a certain Sheikh that Hazrat Mak’hool said: The hand will not be cut off except if it is the door of a grave.

Hazrat Abdullah bin Mukhtar narrates that Hazrat Muawiyah bin Qurrah said: The one who steals a shroud is a thief, so cut off his hand.

Hazrat Hajjaj says that Hazrat Masruq, Ibrahim Nakha'i, Hazrat Sha'bi, Hazrat Zadhan, and Hazrat Abu Zar'ah bin Amr bin Jarir—all these personalities used to say regarding the grave-clothes thief that his hand should be cut off.

Hazrat Ikrimah narrates that Hazrat Ibn Abbas (may Allah be pleased with them) said: The punishment of cutting the hand will not be enforced on a shroud thief; rather, a punishment similar to cutting will be given to him.