Author: Dr. Muhammad Zia-ur-Rahman Al-Azmi رحمه الله
Islam sets nine specific conditions that must be fulfilled before the ḥadd punishment of hand amputation can be carried out on a thief. These ensure justice and prevent wrongful implementation.
The application of these conditions and the determination of whether ḥadd punishment is due falls under the jurisdiction of an Islamic court. Only a Sharʿī judge (qāḍī) may assess the evidence, verify conditions, and issue a lawful ruling.
[Al-Lajnah al-Dā’imah: Fatwa no. 17627]
❖ Conditions for Implementing the Ḥadd Punishment for Theft
Islam sets nine specific conditions that must be fulfilled before the ḥadd punishment of hand amputation can be carried out on a thief. These ensure justice and prevent wrongful implementation.
① The Act Must Be a True Theft (Sariqah)
- The stolen item must have been kept securely or hidden.
- If the item was snatched openly or taken by force, it is not classified as "theft" in the technical legal sense that warrants ḥadd punishment.
② The Thief Must Be Legally Accountable (Mukallaf)
- The thief must be a mentally sound adult.
- Minors or mentally ill individuals are not subject to the ḥadd punishment.
③ The Stolen Property Must Meet the Prescribed Minimum Value (Niṣāb)
- The value must reach the threshold of one-quarter of a gold dinar, or an item of equivalent value.
- If it is below the niṣāb, the hand is not to be cut off.
④ The Stolen Item Must Be Legally Considered Property (Māl)
- The item must be customarily regarded as wealth, i.e., something of financial value and commonly possessed.
⑤ The Stolen Item Must Be Free from Doubt or Ambiguity
- If there is any legitimate doubt or uncertainty regarding ownership, ḥadd cannot be applied.
⑥ The Item Must Be Taken from a Secure Location
- The stolen property must be in a secured place such as a locked room, vault, or protected container.
⑦ It Must Be Physically Removed from the Secure Place
- The act of theft is not complete unless the item is actually removed from its secure location.
⑧ The Theft Must Be Proven Either by Confession or Two Just Witnesses
- A legally valid confession from the thief,
- Or testimony from two upright (ʿadl) witnesses is required for proof.
⑨ The Owner Must File a Claim
- The original owner of the stolen property must present a claim and request that justice be carried out.
✔ Implementation Authority
The application of these conditions and the determination of whether ḥadd punishment is due falls under the jurisdiction of an Islamic court. Only a Sharʿī judge (qāḍī) may assess the evidence, verify conditions, and issue a lawful ruling.
[Al-Lajnah al-Dā’imah: Fatwa no. 17627]
