Assalaamu `alaykum wa raHmatullaah, This is for the Imam as requested, I cannot find the direct e-mail address. Below question was posed to me by a Christian Preacher friend, and I responded in the following way, after trying to get a hold of someone with knowledge to check on it. I’m still wanting to get it check to ensure I understand it correctly. (sent by Br Y)
Q: What does the Qur’an say about stealing (burglary, theft)? Does it say how it is to be punished? — M.P.
“O believers, be ye steadfast before Allah, witness for justice.”
Qur’aan, Al-Maa’idah(5):8
“Allah loves the just.”
Qur’aan, Al-Maa’idah(5):42
“Shall I inform you of a better act than fasting, alms and prayers?
Making peace between one another:
enmity and malice tear up heavenly rewards by the roots.”
[Prophetic Hadith]
Thank you for asking, this is a very good question and I’m not a qualified person to answer such a question, but I will humbly give you my understanding according to my simple research, this issue requires some background information in order to be communicated properly.
Islamic law is meant to be comprehensive and trans-formative upon a Muslim society (a Muslim State, by Shari’ah and historically, allows/encourages minorities under its protection to have their own laws) who apply it sincerely and correctly, in both personal and societal levels, not a band-aid like or imperfect system, as its source is truly Divine, and needs to be understood, analyzed, and learned from as a whole instead of by individual parts that may not necessarily seem to fit other man-made systems or laws.
“In order to protect the five important indispensables in Islam (religion, life, intellect, offspring and property), Islamic Law has provided a worldly punishment in addition to that in the hereafter. Islam has, in fact, adopted two courses for the preservation of these five indispensables: the first is through cultivating religious consciousness in the human soul and the awakening of human awareness through moral education; the second is by inflicting deterrent punishment, which is the basis of the Islamic criminal system. Therefore “Hudud,” Retaliation (Kisas) and Discretionary (Tazir) punishments have been prescribed according to the type of the crime committed.” (Mohammed Salam Madkoar, http://muslim-canada.org/Islam_myths.htm)
When properly followed, with just, sincere scholars and judges, free of ulterior motives, and supportive members of the community, Islamic law intends to raise the society to the highest possible human potential as a civilization. It aims for a society which is fully secure and safe from fear and tyranny, whether protection of life, well-being, personal choices/rights or property is concerned.
High level, high culture, rarefied societies develop lower tolerance for corruption and crime, furthermore rarefied societies also grow lower in tolerance for breaches of courtesy as the level of security, safety, economy, and life style advances, crime drops. (Time of Imam Malik, Traditional Japanese Culture etc.) For example in the U.S. you wouldn’t dream of bribing a police officer, whereas in underdeveloped societies you may not get anything done without, which shows that the American society, at this time we’re in, in this specific instance/type of corruption, is a more advanced society due to her low tolerance.
History shows that Islamic Empires such as the Ottoman and Cordoba, reached a level at some point in their reign where none of their in inhabitants were in need of charity, While theft due to “necessities” such as hunger or thirst qualifies as a different type of theft with a reduced severity, if someone chooses to steal within a safe and sound society due to greed, covetousness, revenge or hatred, this would be detrimental to the society at large and needs to be addressed.
It is also important to remember, Islamic law is much less stringent than earlier Abrahamic faith based systems, [Al-Baqara(2):187, (16):118] and specifically Judaism and early Christianity, as death penalty was the norm for many types of enormities, there are 36 types of crimes in Judaic law for restrictive punishments (much less in Islam), and Judaic law orders capital punishment for, adultery, sodomy, idolatry, sorcery and murder.
Furthermore, Islamic Law, like other systems of law, can not be successfully/beneficially applied to a society with current laws and systems, quickly/hastily or by force. In order for it to be successful/beneficial, it needs to emerge from within an Islamic society who is prepared and willing, taking their geographical, cultural, economical, intellectual qualities into account. (This process is by example of the Beloved Messenger, upon him be peace)
It is therefore, necessary to note, in our day, the harsh punishments of Islam for high crimes (Hadd, Hudood), cannot be applied; as there is no Khalifa, nor the welfare of the people are at a level that would justify these punishments and make them useful. Classical Islamic (~700-1800) history also shows us that Hadd punishments have been applied fewer times than one would expect and as necessary, as repentence is accepted and the Hadith (Prophetic example, secondary source of everything Islamic) strongly limits the application of hudood. Some extreme examples we see today are a new phenomena within the Islamic history and are upsetting to all of us to see Islam being abused in that manner.
Qur’an, Al-Maa’idah(5):38-39, interpretation reads…
And for the male and female thief (habitual,addicted,serious),
cut off (mark, restrain) their hands (resources,ability to steal),
as a reward (punishment, retribution, recompense)
because of what they gathered (acquired,committed, earned)
as exemplary punishment (deterrent) from Allah,
and Allah is Glorious (Mighty), Wise (Judicious) .
But whoever repents after their crime (injustice, oppression, wrongdoing),
and makes amends (reforms, corrections),
Allah forgives (turns with mercy, grants pardon);
Verily Allah is All-Forgiving, Most Merciful (Compassionate).
interpretation notes:
(paragraph) – alternate translation(s)
italics – translational measures or metaphorical meanings.
Although there are few who interpret these verses in a more figurative way, such as “cut off their resources” or “mark their hands” which the Arabic text allows for, in this case the literal meaning of these ayat are understood as the maximum penalty by scholarly consensus. By nature of Islamic Law and clarified in the second verse quoted above, if amends are made (specifically before apprehension), the thief repairs/repays the damage, justice is thus served by the amends, otherwise, a just judge administers appropriate sentence accordingly, from minimum being restraint/imprisonment. It is worthy to note that, historical application for the maximum penalty within rightly guided just Islamic governments of the first three centuries is only six incidents.
There are also prerequisites to this punishment within Islamic Law, some of them are… :
– State must be able to provide adequate social security to its members.
(Food, Shelter, Medicine, Education)
– There must not be any doubt in theft/thief.
– Thief must be a sane adult
– Three testimonies must confirm from three respected, just and truthful persons.
– The amount stolen must be of significant value. (there’s difference of opinion for the amount)
– Stolen goods must have been properly hidden and secured, showing break-in and motive.
– Stolen goods must NOT be necessities like food or drink
In Islamic Law, these types of punishments exist to serve as an intellectual deterrent to stop crimes and increase well-being in general and punishments are not the goal themselves hence these punishments are administered publicly and they effectively remove “temptation” as motive. These types of crimes not only generate a feeling of insecurity, instability and undue fear within the society, which is a basic right that needs to be protected, but also directly cause more violence, harm, and death, easily exceeding the thief’s prescribed maximum punishment upon innocent law-abiding citizens perpetuated by potential criminals.
The sole prison/dungeon system, while not “always” leaving physical marks, have devastating psychologically enduring effects without achieving significant reform or decrease in crime. Some criminals even benefit, enjoy, increase in status and skill using the prison system, while others are unjustly victimized and traumatized. Additionally, the innocent family of the criminal is also punished by removing their father/mother/spouse from the family, essentially effecting the family as if the criminal was dead. Rendering the practice essentially unfair and ineffective other than the temporary removal of bad apples from society with an unnecessary high cost to that society.
It should be clear by now, that, a society, essentially free from murder, theft, rape, assault, and other corruptive crimes can only be called highly civilized and should be an example for every society.
You may read the exegesis of the above quoted verse (5:38-39) in the Interpretation of the Qur’aan I gave you and find “justice” in the index, if you would like to do more research for more topics, I do have additional resources I can lend you or direct you to.
Allah surely knows best.
Answer/Comment:
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I would refrain from using Ayah quotations unless you were a scholar. You articulated your ideas very well. We have no problem with your response.
May Allah (Subhanahu Wata’Ala) reward you for your work, Ameen.
May our audience also benefit from your work, Ameen
Allah Certainly Knows Best.