English

Swahili

QCF V2

Mahmoud Khaleel Al-Husary

Dr. Abdullah Muhammad Abu Bakr and Sheikh Nasir Khamis

Swahili Translation - Ali Muhsin Al-Barwani

Ali Muhsin Al-Barwani

Amputating the thief’s right hand may be more severe a punishment than most societies enforce today, but the question of it being appropriate or ‘harsh’ should be asked within the framework of Islamic law (as defined by the Quran and the Sunnah, i.e. the teachings of Prophet Muhammad ﷺ) which aims to achieve higher purposes for both the individual and the society.

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This punishment, as the verse indicates, is a deterrent to ensure the protection of the lives and property of the innocent. A society which would take this matter lightly is likely to suffer from an atmosphere of fear and insecurity. While various methods could be used for reform, there are clearly limitations experienced with systems of imprisonment in many countries today, in which petty criminals may be transformed into hardened repeat offenders. When applied properly, this type of deterrent is seldom carried out.

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It is also worth noting that in the actual application of this punishment, there are certain stringent conditions that must be met as detailed in the books of Islamic law (fiqh) according to its various schools. Where these conditions are not met, lighter discretionary punishments would be applied, based on the well-established legal principle based on the teaching of Prophet Muhammad ﷺ: “Ward off hadd punishments (i.e. those determined by scripture) with reasonable doubt.”



This punishment serves as a deterrent which helps to create a secure society. It is subject to strict conditions which ensure it is not overused or misapplied.
