Sunday, April 27, 2014

Cutting the hands is not amputation in Islamic Hudud as shown in Surah Yusof.


Although the Quran mention cutting the hands of the thieves there is clear evidence that God did not decree the amputation of the hands as most people have presumed. The example of punishments of the thief in the Quran is shown by the verses as stated below:

Cutting the hands for stealing

As for the thief, male or female cut off his or her hands: a punishment by way of example, from God, for their crime: and God is exalted in power. But if the thief is repentant after his crime and made amends his conduct, God turn to him in forgiveness: for God is Oft Forgiving, Most merciful.

(Surah 5:38-39)

In the Surah 5:39 it is stated when the thief committed a theft and he repented after his crime and amends his conduct, God said that he is to be forgiven and no action is to be taken against him. But subsequently if he repeats the crime then cut off his or her hands as exemplary punishment. The Arabic cutting the hands does not means cutting to amputate or to disable or to make handicap to the hands but the cutting of the hands is only to inflict wound for own consciousness. The example is shown when the ladies cut their hands while excited watching Joseph parade in front of them as shown in the following verses:

When she heard of their malicious talk, she sent for them and prepared a banquet for them: she gave each of them a knife: and she said (to Joseph), "Come out before them." When they saw him, they did extol him, and (in their amazement) cut their hands: they said, "Allah preserves us! No mortal is this! This is none other than a noble angel!" (Surah 12:31)

Here the Arabic word is the same as in Surah 5:38 of cutting the hands of the thief and if taking the meaning as shown in the above incident then the ladies did not amputated their hands but unwittingly inflict wound on themselves.

There is therefore a correlation in cutting the hands of the thief as the above incident shown it is not to disable their hands but inflict wound so that he or she is made consciousness of their wrong doings. Apart from cutting the hand to inflict consciousness on the thieves there is also the jail sentences that can be imposed on the thief.

Imprisonment for stealing valuables

In the Quran there is also the jail sentence or confinement as a punishment of the thief the following verses is referred:

(The brothers) said: "By Allah! Well ye know that we came not to make mischief in the land, and we are no thieves!" (The Egyptians) said: "What then shall be the penalty of this, if ye are (proved) to have lied?" They said: "The penalty should be that he in whose saddle-bag it is found should be held (as bondman) to atone for the (crime). Thus it is we punish the wrong-doers!" (Surah 12:73-75)

As shown in the above the duration of detention for the thief can be measured to the valuable he stole, the more expensive the valuable the longer is he to atone for his crime.

Thus the Islamic Hudud in the Quran never concede the amputation of the hands to punish the thief but to inflict wound that the thief is to be conscious of his crime and apart from that there is the jail sentence to commensurate to the seriousness of the crime, and this can be done with justice.

Nevertheless those who try to practise cutting the hands without referring to the Quran will find that they cannot do justice as they will amputate all thieves without relevant to what they stole.

The Quran says

Allah doth command you to render back your Trusts to those to whom they are due; And when ye judge between man and man, that ye judge with justice: Verily how excellent is the teaching which He giveth you! For Allah is He Who heareth and seeth all things. (Surah 4:58)




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