A slander : The punishment of the Theft

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A slander : The punishment of the Theft

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Thread: A slander : The punishment of the Theft

  1. #1
    هشيم's Avatar
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    Default A slander : The punishment of the Theft

    The penalty (punishment) of theft


    This is inhumanity what the prophet of Islam brought he amputates the hand of the thief and disfigures his body because he thieved!!

    And for this facile they depend on :

    1-Allah Almighty said : [As for] the thief, the male and the female, amputate their hands in recompense for what they committed as a deterrent [punishment] from Allah. And Allah is Exalted in Might and Wise. (38)

    2- Sahih Bukhari Book (Limits and Punishments set by Allah (Hudood)) chapter (Allah Almighty’s statement ([As for] the thief, the male and the female, amputate their hands). And about how much to cut and Ali amputated from the palm of the hand and Qatada told about a woman had stolen her right hand had been amputated. In number 6291 Narrated `Aisha: The Prophet said, "The hand should be cut off for stealing something that is worth a quarter of a Dinar or more."

    3- Sahih Muslim book (Punishments) chapter (Theft punishment and quorum) number 3190 . 'A'isha reported Allah's Messenger (may peace be upon him) as saying: The hand of a thief should not be cut off but for a quarter of a dinar and upwards.





    The reply for this slander:

    1- The goals of Islam Sharia (Islamic laws) are : protecting religion, protecting soul, protecting mind, protecting honor and protecting fortune.

    Imam Nawawi (Allah bless his soul ) says in his explanation:

    The judge Ayath said : Allah Almighty preserves fortunes by putting amputate punishment on the thieve, and He doesn’t impose this punishment on embezzlement, looting and plunder; cause those are little if compared to theft; and because these kind can be returned to the owners by calling for, and is easy to proof it not like theft that rarely can be proofed, that is why the case is magnified and the punishment is intense to be enough reason to prevent it and keep away from this crim.

    I said : theft is the greatest crime that souls dislike and is contradictory with the Sharia purposes, and does not go with the true faith. It had been stated in Sahih Bukhari number 6284 Narrated Ibn `Abbas:

    The Prophet said, "When (a person) an adulterer commits illegal sexual intercourse then he is not a believer at the time he is doing it; and when somebody steals, then he is not a believer at the time he is stealing."


    So the punishment and penalty that Allah almighty has appointed as sharia (law) contributes to stability of real security for society and families, and contrary to this we see Ordinances that heads from west leads to more crimes spread… an example for this : a small (young) criminal enters prison and comes out as a big (an adult) criminal cause he has been introduced to most experienced criminals than him.

    If said : After amputating his hand
    the thieve becomes a burden on society and can’t work…

    I said : the punishment is not dictating the amputation of both hands ; but one hand from the wrist, as one person suffering the difficulty is lighter than hurting thousand innocents who have no guilt


    Last edited by هشيم; 01-05-2013 at 05:24 PM.
    بسم الله الرحمن الرحيم
    قل هو الله احد * الله الصمد * لم يلد و لم يولد * و لم يكن له كفوا احد
    Dis : " Lui, Dieu, est Un ! * Dieu est le Soutien universel ! * Il n'engendre pas et Il n'est pas engendré, * et Il n'a pas d'égal. "


  2. #2
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    Second : there is a question that comes forward, it is : to carry on the punishment on the thief how much the worth of the stolen thing must be ?

    The reply : as Imam Nawawi (Allah bless his soul ) mentioned in his explanation of Sahih Muslim saying :

    The judge Ayath said all the muslims has one opinion about cutting off the hand of the thief even if they vary and argue the details.

    His speech (from 'A'isha (Allah bless her soul ) she said : the Prophet (peace be upon him) cut off the hand of thief for stealing something that worth a quarter of a dinar or more). In a narration (the Prophet (peace be upon him) said : the hand of the thief should be cut off only for a quarter of a dinar and upwards) and in a narration : (the hand : the hand of the thief should be cut off only for a quarter of a dinar and upwards ) and in narration (The hand of a thief was not cut off during the lifetime of the Prophet except for stealing something it is price equal to a shield in value). And in a narration Ibn Umar (Allah bless his soul ) said : (The Prophet cut off the hand of a thief for stealing a shield that was worth three Dirhams). And in a narration by Abu Hurayra said (Narrated Abu Huraira: The Prophet said, "Allah curses a man who steals an egg and gets his hand cut off, or steals a rope and gets his hands cut off."). All the Muslim scholars agreed on cutting off the hand of the thief as mentioned before, but they differed and disagree on the quorum and the quantity. The Al-Thahir followers said : the quorum is not condition and the cut off is for lots and little. And from this said Daughter of Shafihi from our followers, and the judge Ayath narrated it from Al Hassan Al Basri and Khawarj and Al Thahir followers and they depend on Allah the Almighty (the thief, the male and the female, amputate their hands) and they did not specify the verse. And the community of Islam scholars said : it should not be cut off only if the quorum is proper considering those true Prophet (peace be upon him) speeches.

    Then they differ concerning the worth of the quorum issue. Shafifhi said the quorum is a quarter of golden dinar or what wroth a quarter of dinar, if it is price was three dirhams less or more, and can’t be cut for less than this, and numerous or many said like this, and it is the narration by A’isha , Omar bin Abdulaziz and Awzahi , Laith , Abi thawr and Is-haq and others , and also narrated by Dawod, and Malik, Ahmad and Ishaq said in a narration: to be cut off for quarter of dinar or three dirhams or the price one of them, and not to be cut off other than this, and Silaiman bin Yassar, Ibn Shwbrwma, Ibn Layla and Al Hassan in a narration from him: it must not be cut only for five dirhams, this narrated from Omar Bin Katab ,and Abu Hnaifa and is followers said : not to be cut off only for ten dirhams or what it is price is equal to this, and the judge narrated from some Prophet's (peace be upon him) companions that the quorum if four dirhams, and from Othman Al Bati it is one dirham, and from Al Hasan it is two dirhams, and from Al Nkh’y it is fourty dirhams or four dinars, the true one is what Al Shafihi and those who agreed with him said ; cause the Prophet (peace be upon him) clarified the quorum statement in those Hadiths by his own speech that it is a quarter of dinar , and the rest estimations are rejected and have no basis in addition those contradict the frankness of those hadiths. Concerning the narration that the Prophet (peace be upon him) cut off the hand of a thief for stealing a shield that was worth three dirhams). As it is possible that the amount is a quarter of dinar and upwards, The case with this is specification has no generality, it is not allowable to leave the plainness of his speech stating the amount of quorum to this potential hadith, but it must be taken according to agreement on the expression, and like in another hadith (never amputate the hand of thief for stealing less than price of shield) possibly it was a quarter of dinar, and this interpretation must coincide with the clear valuation the Prophet (peace be upon him) stated. And what some of Hanifa and others depend on is that from a narration came : (cut off for stealing a shield priced ten dirhams) and in another narration (five) and it is a weak narration that can’t be taken when comes separately and howe come when it contradicts the clear true hadiths valuing it as a quarter of dinar and it is possible to agree on considering its value as ten dirhams but not a condition on cutting off the hand of the thief, and there is no indication in Prophet’s (peace be upon him) speech stating the quorum depending on it.

    And concerning the narration "Allah curses a man who steals an egg or steals a rope and gets his hands cut off.") a group said what is meant by this is iron egg (helmet) and the rope is ship’s rope, and both worth more than a quarter or dinar, and the researchers denied this and stated it as a weak hadith and said : “iron egg and ship’s rope have a clear apparent price. And this is not the context of using them, but fluency of speech denies it, and usually one is not guilty of taking a risk to have in his hand something valuable, but one is guilty to be at risk for having something not valuable and it is subject of decreasing and increasing, and the purpose is alarming about the great loss, and it is his hand for just a low amount of money which is a quarter of dinar, the egg and rope are shared with the lowness, or the class of egg and rope are meant, or if he had stolen an egg his hand is not cut and this made him to steal more great things and then his hand cut off, and the egg is the cause of the cut off, or the purpose is that he steals egg and rope and some rulers cut off by policy not by Sharia law permition, and said : the Prophet (peace be upon him) said this after the theft aya revelation by Allah as a whole and not specifying the quorum, and he said it in clear statement and Allah knows the best.

    We note : that the cutting off the hand in only carried out for something with a high price (great value).



    Third : Doctor Ali Jumha put a great answer in his book (Truths of Islam for facing the facile of the doubters) (fourth edition page 546) saying : and while cutting off the hand disgraces the thief and stigmatize him with a mark and reveals to people what he was. then Islam is caring about the thief guilty of theft, is not cutting off the hand for just doubts and that he has stolen a very trivial valueless thing, or when the stolen thing is not in protection but the thief in such cases will be rebuked by beating or put in prison, and his hand not to be cut off. And those standard that sharia (Islamic low) put for applying the punishment of theft :



    First : the stolen thing must be something valuable in other words to have a economical importance in people’s life. From Aisha (Allah bless her soul) narrated from Prophet (peace be upon him) that he said : “ the hand should be cut off , ie the thief’s hand, for a quarter of a dinar and upwards.”

    Second : the stolen thing be kept or protected in a place.

    Third : what is stolen to be eaten by mouth from dates there is no cut off and no rebuking.



    Fourth : at times of starving there is no cut off and thus Omar (Allah bless his soul) cancelled the cut off in the year of Ramada when starvation pervaded and spread through.



    Fifth : if a slave has stolen something it will be viewed if his lord feeds him or not? If not, his lord will be fined double times the price of the stolen thing as our master Omar Bi Khatab (Allah bless his soul) did with the servants of Ibn hatab Bin Abi Bltha when they stole a man’s camel from a fancy he ordered cut off but when he revealed that their lord is not feeding them he keep off them and fined their lord with double times the price of the camel.



    And the rule is the punishments will be cancelled by dubts.

    And in this way the Islamic punishment should be understood under its integral regulation that takes the reasons to avoid it before taking the reasons to apply the punishments. The punishment prevents the crime to be done, and for this we see that in the course of Islam history and in all the wide area of Islam countries the theft punishment was not applied only in a very limited cases for a very limited number not exceeding tens in all of millions of people wherein the Muslims have strong believe in that the theft is one of the evil crimes that threatens the social security and society itself that is why deserves this physical punishment which is just like execution punishment , the punishment will be great as greatness of the crime and sin. Some contemporaries start with another cognitive sample by giving priority to the person’s body in itself and they do not care about his deeds and crimes. And they can’t see all the safe and perfect guidance, there is no power and no strength save in Allah.
    Last edited by هشيم; 01-05-2013 at 06:13 PM.
    بسم الله الرحمن الرحيم
    قل هو الله احد * الله الصمد * لم يلد و لم يولد * و لم يكن له كفوا احد
    Dis : " Lui, Dieu, est Un ! * Dieu est le Soutien universel ! * Il n'engendre pas et Il n'est pas engendré, * et Il n'a pas d'égal. "


  3. #3
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    The Bible accuses the lord with that he orders to cut off the hand of a the woman that holds the masculine organ of a strange man during his fight with her husband!! This is mentioned in Deuteronomy 25 number ( 11 When men strive together one with another, and the wife of the one draweth near for to deliver her husband out of the hand of him that smiteth him, and putteth forth her hand, and taketh him by the secrets: 12 Then thou shalt cut off her hand, thine eye shall not pity her.)

    And I wonder : is not cutting off the hand inhumanity ?! why the objectors did not criticize this text as they criticized the Prophet’s (peace be upon him) hadith and said what they said…

    And there is a question coming forward for the objectors and it is : is the theft penalty only in Quran and Sunnah or it is fixed in bible as well?

    Reply : the theft penalty is fixed in bible by these :

    1- book of exodus chapter 22 number 2 : If a thief be found breaking up, and be smitten that he die, there shall no blood be shed for him.



    2- Deuteronomy chapter 25 number 7 : If a man be found stealing any of his brethren of the children of Israel, and maketh merchandise of him, or selleth him; then that thief shall die; and thou shalt put evil away from among you.



    3- Book of Zechariah chapter 5 number 7 : Then said he unto me, This is the curse that goeth forth over the face of the whole earth: for every one that stealeth shall be cut off as on this side according to it; and every one that sweareth shall be cut off as on that side according to it.



    I said : according to what previously mentioned the punishment for theft in Bible is ( death) not cutting off the hand and it does not give the person a chance for repentance and life ……

    And I say to the objectors the same thing they said in their allegation : is not this an inhumanity ?

    And I wonder : Are not all these texts from the Lord to Moses and other prophets and why they don’t implement it ?

    And where is the text that prevents them from implementing it ?

    Or it is abrogation by their consideration ? if it is true where is the evidence of the abrogating?



    And another thing the book of Mathew ascribes to Jesus saying in chapter 18 number 8 : But whoso shall offend one of these little ones which believe in me, it were better for him that a millstone were hanged about his neck, and that he were drowned in the depth of the sea. 9 : Woe unto the world because of offences! for it must needs be that offences come; but woe to that man by whom the offence cometh!



    I said : those texts are very clear evidence on cutting off the hands and legs and even pulling out the eyes when they cause difficulties for human and become obstacle to his entering the eternal life (paradise) and it is better than to be thrown to hell’s fire.

    Written by Akram Hassan Morsi
    Translate to English hsheem
    Last edited by هشيم; 01-05-2013 at 06:18 PM.
    بسم الله الرحمن الرحيم
    قل هو الله احد * الله الصمد * لم يلد و لم يولد * و لم يكن له كفوا احد
    Dis : " Lui, Dieu, est Un ! * Dieu est le Soutien universel ! * Il n'engendre pas et Il n'est pas engendré, * et Il n'a pas d'égal. "


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    جزاكم الله خير اخي الكريم
    نقره لتكبير أو تصغير الصورة ونقرتين لعرض الصورة في صفحة مستقلة بحجمها الطبيعي

    تحمَّلتُ وحديَ مـا لا أُطيـقْ من الإغترابِ وهَـمِّ الطريـقْ
    اللهم اني اسالك في هذه الساعة ان كانت جوليان في سرور فزدها في سرورها ومن نعيمك عليها . وان كانت جوليان في عذاب فنجها من عذابك وانت الغني الحميد برحمتك يا ارحم الراحمين

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    Allah bless you

    and thanks for editing....
    بسم الله الرحمن الرحيم
    قل هو الله احد * الله الصمد * لم يلد و لم يولد * و لم يكن له كفوا احد
    Dis : " Lui, Dieu, est Un ! * Dieu est le Soutien universel ! * Il n'engendre pas et Il n'est pas engendré, * et Il n'a pas d'égal. "


A slander : The punishment of the Theft

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A slander : The punishment of the Theft

A slander : The punishment of the Theft