Salam,
In
the Quran it can be found two examples of punishment for the thieves in that it
says the cutting of the hands and imprisonment as stated:----------
As
to the thief, male or female cut off his or her hands: a punishment by way of
example, from Allah, for their crime: and Allah is Exalted in power. (Surah 5:38)……….
(The
brothers) said: "By Allah! Well ye know that we came not to make mischief
in the land, and we are no thieves!" They 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)
The
Quran is self-explanatory which means the verses in the Quran will interpret
the meaning as in the example of the cutting of the hands and the imprisonment
of the thieves.
However
since many deny the truth of the Quran how the punishment for the thieves is to
be carried out It then reveals and interprets Muhammad’s policy outside of the
Quran. The following passages indicate that the penalty cannot be explained
away as anything but literal and physical. This is a quick compilation taken
from the two most reliable collectors and compilers of the Hadith, Bukhari (AD
810-870) and Muslim (c. AD 817-875):
Aisha
[favorite wife of Muhammad] reported Allah’s Messenger as saying, "The
hand of a thief should be cut off but for a quarter of a dinar and what is
above that." (Bukhari 8:6789; Muslim 3:4175-79). A dinar, a word taken
from the Roman denarius, was not a small sum, but not exorbitant, either. It
could buy a shield, and many of the very poor in Muhammad’s army could not afford
one.
Abu
Huraira reported the Prophet as saying, "God curses the thief who steals
an egg, for which his hand is to be cut off, or steals a rope for which he has
his hand cut off!" (Bukhari 8:6799; Muslim 3:4185)
Some
commentators say that an "egg" was really a helmet, and the rope was
a ship’s rope, which was sizable and costly. However, the translation above is
usually accepted, and this means that the penalty could be imposed for trivial
thefts. But even if the more expensive items are in view here, are they still
worth a human hand?
Next,
it should be recalled that 5:39 says that Allah accepts the repentance of a
thief, and it seems to imply that the repentance before the penalty blocks the
mutilation that a court imposes. However, the earliest Muslim sources interpret
the verse more differently.
Ibn
Kathir, referencing two hadiths from Bukhari and Muslim, summarizes an
application of the punishment in early Islam (vol. 3, pp.175-76). A woman
committed theft during Muhammad’s conquest of Mecca, and she was brought to
him. A devout Muslim interceded for her, wanting her repentance to be accepted
before the penalty. But Muhammad’s face turned red with anger and he rebuked
the intercessor, saying that even if his own daughter were to steal, he would have
her hand cut off. Allah’s command must be carried out no matter what. So
Muhammad had the woman’s hand cut off, and Aisha reported that her repentance
afterwards was sincere. Narrated Aisha: The prophet cut off the hand of a lady
... and she repented, and her repentance was sincere. (Bukhari 8:6800; Muslim
3:4187 and 4188).
It
can be seen from the hadith above the Prophet (Pbuh) is being portrayed as
cruel and unjust that whatever amount being stolen the hands is to be chopped
off. On the contrary the verses that were inspired by the Prophet (Pbuh) in the
Quran portrayed another example the cutting of the hand with the same Arabic
word incurred by the ladies in the story of Joseph as follows:---------
“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 hand”: (Surah 12:31)
From
the above example if cutting the hands (Arabic qatha’uu) is defined as above then
the same action can be imposed on the thieves whereby he is given a knife and
it is for him to cut his own hand for his atonement of the crime he did. He
must cut his hands but whether the feeling of guilt make him chopped of his
hands entirely, or his finger or sliced part of his hands it is for his own
atonement as the ladies did in Surah 12:31 and none should have any interference
whatsoever. This self-inflicted atonement for his crime comes in conjunction with
the relevancy to the successive verse after Surah 5:38 which says:---------
But
if the thief repents after his crime, and amends his conduct, Allah turneth to
him in forgiveness; for Allah is Oft-forgiving, Most Merciful. (Surah 5:39).
It
can be concluded that if the thief repent after cutting his own hand and make
amend by returning all that is being stolen then Allah is to him forgiven and
merciful. However even after cutting his own hands to atone his sin, the thieves
did not repent then it is only fair that he should be sentenced to imprisonment
depending on the seriousness of his crime. The higher the value he stole the
longer he has to stay in prison. The imprisonment of the thieves is referred in
the Quran as at Surah 12:73-75.
Without
doubt It is proven the verses of the Quran refuted the stories of the hadith
written by 9th century Persian morons that it is glaring their
message is to smeared the good name of the Prophet (Pbuh) as a cruel and unjust
man whereas by taking the examples of the verses of the Quran inspired through him
justice prevails as the punishment of the thieves can be achieved through
compassion and consideration upon the thieves themselves.
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)
Say:
"I believe in the Book which Allah has sent down; and I am commanded to
judge justly between you. Allah is our Lord and your Lord: for us (is the
responsibility for) our deeds, and for you for your deeds. There is no
contention between us and you. Allah will bring us together, and to Him is
(our) Final Goal. (Surah 42:15)
Asar
