The Punishment for Theft in Islam

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The punishment for theft in Islam explained.

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This is the punishment for theft in Islam according to Allah, the Prophet Muhammad (s.a.w.), the Companions and the genuine Scholars. QURAN AND SUNNA Cut off the hands of thieves, whether they are male or female, as punishment for what they have donea deterrent from God. God is Almighty and Wise. (5:38)There are from what I know five general Hadith regarding capital punishment in Islam from the Prophet Muhammad (s.a.w.):The [recording of bad deeds] has been raised in the case of a youth until he hits puberty. The Prophet (s.a.w.) said to Ma`iz, Perhaps you only kissed her, touched her or looked at her ? He replied, No. Whoever covers up [a fault of] a Muslim, God will cover up [his fault] in the Hereafter. You should exempt one another form the hadd (capital punishments) penalties, since whatever hadd crime comes to my attention, [its penalty] must be executed. The Prophet (s.a.w.) said to Usama b. Zayd, concerning his role in the affair of the Makhzumi woman who stole, How dare you intercede [in behalf of someone] in a case that is among the crime against God (hudud Allah).These are more specific Hadiths from the Prophet Muhammad (s.a.w.) regarding the penalty for theft which show the restrictions:The hand of the their is not to be amputated unless the [value of the stolen property] is one quarter of a dinar or greater.There is no amputation [in the case of a stolen] camel or a sheep (mshiya) unless it is taken from the fold and its value is greater that that of a round shield (mijann).A Makhzumi woman borrowed some goods, refused to return them, and then stole [them]. so the Prophet (s.a.w.) ordered that her hand be amputated.Amputation is not a valid punishment for the embezzler (khan) and the pilferer (mukhtalis). There is no amputation [for the theft of] fruit or the edible tubers growing at upper end of the palm trunk (kathar).The Prophet (s.a.w.) ordered that a mans hand be amputated and then said, Cauterize it (ihsimuha).CONSENSUSThe theft of a very young slave in a state of guarded custody is grounds for amputation.The theft of something greater than the minimum value for amputation that is in a state of guarded custody is grounds for amputationTheft of an item from a canopy is grounds for amputation.One who refuses to return a loaned item is not subject to amputation.One who pilfers (ikhtalasa, khilsa) is not subject to amputation.One who embezzles (khain) is not subject to amputation.Only one hand is to be amputated in the case of a thief who has stolen many times but is convicted only after his most recent theft.If two free, upright, male witnesses describe an act of theft that warrants amputation, the thiefs hand must be amputated.If two witnesses testify against a thief whose hand is then amputated, and then additional witnesses prove that the original testimony is fallacious, the first two witnesses owe the blood-money (diya) for the hand of the thief and their testimony is no longer valid.A slave who steals from his master is not subject to amputation.A thief must return the stolen property to its rightful owner after his hand has been amputated.A Muslim who steals wine from another Muslim is not subject to amputation.