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)
Asar
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