Definition & Punishment

**A. Definition:** **Linguistically:** Taking something secretly. **Legally:** Taking another's property secretly and unjustly from its protected place (hirz), with specific conditions - as will be explained. --- **B. Ruling:** Theft is **forbidden** because it is an aggression against others' rights and taking their wealth wrongfully. Its prohibition is established by the Quran, Sunnah, and Consensus. It is a **major sin**. **Evidence:** Allah has cursed the thief. Abu Hurayrah رضي الله عنه reported that the Prophet ﷺ said: "May Allah curse the thief who steals an egg and has his hand cut off, and steals a rope and has his hand cut off" [Bukhari & Muslim]. And other hadiths prohibiting theft and warning against it. --- **C. Punishment:** The punishment is obligatory upon the perpetrator: **amputation of the hand** - whether male or female. **Evidence from Quran:** Allah says: "[As for] the thief, the male and the female, amputate their hands in recompense for what they committed as a deterrent from Allah. And Allah is Exalted in Might and Wise" [Al-Ma'idah: 38]. **Evidence from Sunnah:** 'A'ishah رضي الله عنها said: "The Messenger of Allah ﷺ would cut the thief's [hand] for a quarter dinar and above" [Bukhari & Muslim]. 'A'ishah رضي الله عنها also reported that Quraysh was concerned about the Makhzumi woman who stole, and the Prophet ﷺ said: "By Allah, if Fatimah bint Muhammad stole, I would cut her hand" - then he ordered the woman who stole to have her hand cut [Bukhari & Muslim]. **Consensus:** Scholars have unanimously agreed on cutting the hand for theft. --- **D. Wisdom:** Islam respected wealth and respected individuals' right to own it. It forbade aggression against this right through: theft, embezzlement, fraud, betrayal, bribery, and other forms of consuming people's wealth wrongfully. Since the thief is a corrupt member of society - if left alone, his evil would spread and his danger and harm would become widespread - Islam legislated the amputation of this corrupt member: - As punishment for this hand's injustice and aggression - As deterrence to others from committing such a crime - As protection of people's wealth and rights