Surah Al-Ma'idah, Ayah 39

The Necessity of Cutting off the Hand of the Thief

Allah commands and decrees that the hand of the thief, male or female be cut off. During the time of Jahiliyyah, this was also the punishment for the thief, and Islam upheld this punishment. In Islam, there are several conditions that must be met before this punishment is carried out, as we will come to know, Allah willing. There are other rulings that Islam upheld after modifying these rulings, such as that of blood money for example. When Does Cutting the Hand of the Thief Become Necessary In is recorded in the Two Sahihs that Abu Hurayrah said that the Messenger of Allah ﷺ said, n

«لَعَنَ اللهُ السَّارِقَ يَسْرِقُ الْبَيْضَةَ فَتُقْطَعُ يَدُهُ، وَيَسْرِقُ الْحَبْلَ فَتُقْطَعُ يَدُه»

The next verse (39) says:

مَن تَابَ مِن بَعْدِ ظُلْمِهِ وَأَصْلَحَ فَإِنَّ اللَّـهَ يَتُوبُ عَلَيْهِ ۗ إِنَّ اللَّـهَ غَفُورٌ‌ رَّ‌حِيمٌ ﴿39﴾

And whoever repents after his transgression and corrects himself, then Allah shall relent towards him. Surely, Allah is Most-Forgiving, Very-Merciful.

It will be recalled that forgiveness was also mentioned in connection with the Prescribed Punishment for robbery appearing a few verses earlier (34) - and forgiveness has been mentioned after the punishment for theft as well. But, the statement of forgiveness at both places has a particular difference and it is on the basis of this difference that the sense of forgiveness in both punishments has been taken differently by Muslim jurists. While ordaining the punishment for robbery, giving an exception, Almighty Allah has said: إِلَّا الَّذِينَ تَابُوا مِن قَبْلِ أَن تَقْدِرُ‌وا عَلَيْهِمْ (except those who repent before you overpower them - 5:34) the outcome of which is that the Hadd Punishment for robbery mentioned in the verse provides an exemption whereby the one who repents - before robbers are overpowered and arrested by the government - shall have his Hadd Punishment forgiven. As for the forgiveness mentioned after the punishment for theft, it does not have the exemption from this temporal punishment. It is rather in terms of the Hereafter that this repentance shall be accepted towards which a clear indication exists in the words: فَإِنَّ اللَّـهَ يَتُوبُ عَلَيْهِ (then Allah shall relent towards him). In other words, the relevant ruler of the time will not abandon the Hadd Pun-ishment because of this repentance, instead of that, Almighty Allah will, by forgiving their crime, grant deliverance to them from the punishment of the Hereafter. Therefore, Muslim jurists almost unanimously agree that the Hadd Punishment for robbery shall not be en-forced on robbers who repent before they are arrested. But, should a thief were to forsake and repent from stealing after having committed a theft - whether before or after arrest - then, the Hadd of Sariqah, the Islamic Legal Punishment, which is a temporal punishment, will not be forgiven. That the sin is forgiven and deliverance from the punishment of the Hereafter has been achieved is not contrary to this.

The principle on which God has created the system of this world is that everybody should discharge his duty, and nobody should unnecessarily interfere in the sphere of others. All inanimate objects and animals follow this natural law. Human beings also have been given clear instructions to this effect through the prophets. But human beings who, unlike other creatures, have been given freedom for the time being, rebel, and in that way create a disturbance in the system of Nature. Such people are the worst criminals in the eyes of God. And those who declare war against God and His prophet are still worse criminals. Such people frequently indulge in acts of terrorism. This runs counter to God’s call to His subjects to refrain from creating disturbances. It also negates His invitation to them to lead their lives according to divine Nature. For such people there is a terrible punishment in this world and an all-consuming fire in the Hereafter.