Fixed Penalty of Theft and Highway Robbery

                             FIXED PENALTY of THEFT

Theft is affirmed when a thief admits it in details. He is given a chance to cancel his admission. If he cancelled his admission, fixed penalty of theft would not be applied to him.

God says ﴾[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﴿ Chapter of the Table. Verse NO 38

Procedure of its application

The right hand is amputated, then if he commits theft again, his left foot is amputated. If he commits theft for the third time, his left hand is amputated. And if he commits theft for the fourth time, his right foot is amputated.

Conditions of the hand amputation

□The thief should be adult and rational.

□The thief is not an owner, or suspected to be an owner of the stolen thing.

□The stolen thing is taken from the place in which it is kept.

□Theft does not occur in a time of starvation.

□The stolen thing is not filthy or prohibited, as pigs or wine.

□The stolen thing reaches the minimum value of theft.

●ᶦAishah (May Allah be pleased with her) reported: The Quraish were anxious about a woman from Bani Makhzum who had committed theft and asked: “Who will speak to the Messenger of Allah about her?” Then they said, “No one will be bold enough to do so except ᶦUsamah ibn Zayd, the (companion who was) dearly loved by the Messenger of Allah.”

So ᶦUsamah (May Allah be pleased with him) spoke to him and the Messenger (angrily) said, “Are you interceding regarding one of the punishments prescribed by Allah?”

Then he got up and addressed the people saying, “O people! What destroyed the nations before you, was that they used to leave a noble person if he stole. And if a weak person stole, they would establish the penalty upon him. And by Allah! If Fatimah bint Muhammad stole, then I would cut off her hand.”

Thereafter, her hand was cut off. ᶦAishah (further) said: “Hers was a good repentance; she later on married and used to come to me after that, and I conveyed her needs (and problems) to Allah’s Messenger.” [AL-Bukhari and Muslim].

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FIXED PENALTY of HIGHWAY ROBBERY

Highway robbers are of four types:

①Those who kill people only without taking their money; their punishment is killing them.

②Those who kill people and take their money (the minimum value of theft or more than it); their punishment is killing them, then washing them, enshrouding them, praying over them, and then crucifixion of them on a high piece of wood for three days or less, aiming at preaching.

③Those who take money only; their punishment is amputation of their right hands together with their left feet. If they did so again, their left hands together with their right feet would be amputated.

④Those who only frighten pedestrians without killing them or taking their money; their  punishment is jailing, beating, and banishing them.

¨If one of the previous highway robbers repented before arresting him, applying fixed penalty to him would be cancelled. But he is required to restore the rights if he has stolen people, and he is asked for retaliation if he has killed someone.

God says ﴾Indeed, the penalty for those, who wage war against Allah and His Messenger and strive upon earth [to cause] corruption, is none but that they be killed or crucified or that their hands and feet be cut off from opposite sides or that they be exiled from the land. That is for them a disgrace in this world, and for them in the Hereafter is a great punishment (33) Except for those who return [repenting] before you apprehend them. And know that Allah is Forgiving and Merciful(34)﴿ Chapter of the Table.

●Anas reported: A group of people from ᶦUkal (tribe) came to the Prophet and said, “O Allah’s Apostle! Provide us with milk.”

 The Prophet said,“I see no other way for you than to use the camels of Allah’s Apostle.” So, they went and drunk the milk and urine of the camels, (as a medicine) and became healthy and fat.

Then they killed the shepherd and took the camels away. When a help-seeker came to Allah’s Apostle, he sent some men in their pursuit, and they were captured and brought before mid-day.

He ordered for nails which were heated and passed over their eyes. And their hands and feet were cut off and were not cauterized. Then they were put in a place called AL-Harra (i.e. rocky land in AL-Madinah). When they asked for water to drink, they were not given till they died. [AL-Bukhari].

●Abu-Hurairah reported: A man came to Allah’s Apostle and said, “O Messenger of Allah, what do you think if a man comes to me in order to rob my possession?” He (the Holy Prophet) said, “Do not surrender your possession to him.” 

He (the inquirer) said: “If he fights me?” He (the Holy Prophet) said: “Then fight with him.” 

He (the inquirer) again said: “What do you think if I am killed?” He (the Holy Prophet) said: “You will be a martyr.” 

He (the inquirer) said: “What do you think of him if I kill him?” He (the Holy Prophet) said, “He will be in Fire.” [Muslim].