Conditions for Theft Hadd

**Ten Conditions for Establishing the Hadd of Theft:** **1. Taking must be done secretly:** If not done secretly, there is no cutting. The robber who uses force, the usurper, the snatcher, and the betrayer are not cut. **Evidence:** The Prophet ﷺ said: "There is no cutting for a betrayer, robber, or embezzler" [Tirmidhi, Ibn Majah - hasan sahih]. --- **2. The thief must be adult and sane:** No cutting for a child or insane person - because they are exempt from legal responsibility. --- **3. The thief must be acting by choice:** No cutting for one who is forced - because he is excused. **Evidence:** The Prophet ﷺ said: "Pardoned from my Ummah is the mistake, forgetfulness, and what they are coerced into." --- **4. The thief must know the prohibition:** No cutting for one ignorant of the prohibition of theft. --- **5. The stolen item must be protected wealth (mal muhtaram):** What is not wealth has no sanctity - like musical instruments, khamr, pigs, and carrion. Likewise, what is wealth but not protected - like the wealth of a hostile disbeliever (his blood and wealth are permissible to take) - no cutting for it. --- **6. The stolen amount must reach the nisab:** The nisab is a quarter dinar of gold or more, or three dirhams of silver, or their equivalent in other currencies. No cutting for less than this. **Evidence:** The Prophet ﷺ said: "The hand of the thief is not cut except for a quarter dinar and above" [Muslim]. --- **7. The wealth must be stolen from a protected place (hirz):** The hirz is a place where wealth is customarily stored, and it differs according to type of wealth, place, and time. If theft is from an unlocked house, open space, or breached hirz - there is no cutting. --- **8. There must be no doubt (shubhah) regarding the thief:** If there is doubt about what was stolen, no cutting - because "Hudud are warded off by doubts." - No cutting for one who steals from his father's wealth - No cutting for one who steals from his son's wealth - because each is obligated to spend on the other - No cutting for a partner who steals from partnership wealth - Anyone with entitlement in wealth who takes from it - no cutting, but he is disciplined and must return what he took --- **9. The theft must be established before the judge:** Either by testimony of two just witnesses, or by the thief's confession. **Evidence for witnesses:** Allah says: "And call to witness two witnesses from among your men" [Al-Baqarah: 282]. **For confession:** Because a person is not suspected of confessing against himself to his own harm. --- **10. The victim must demand his wealth:** Because wealth can be permitted through donation and permission. Perhaps the owner permitted it to him, or permitted him to enter his hirz, or something else that drops the hadd.