Avoid 70 Major Sins[1] - Series No 23 of 70
Article on stealing In Islam
Assembled by Abba Abana, FCE,
Kubwa, Abuja, Nigeria
M-Tel +2348023746371 (Only SMS),
Dated 24th April 2013
Bismillah Walhamdulillah Was Salaatu Was Salaam 'ala Rasulillah. As-Salaam Alaikum Wa-Rahmatullahi Wa-Barakatuhu
Praise be to Allaah; we seek His help and His forgiveness. We seek refuge with Allaah from the evil of our own souls and from our bad deeds. Whomsoever Allaah guides will never be led astray, and whomsoever Allaah leaves astray, no one can guide. I bear witness that there is no god but Allaah, and I bear witness that Muhammad is His slave and Messenger.
The reason for punishment in Islam for stealing is not to create lot of handicapped people in the world. Rather, it is to create an environment where the stealing itself will not happen. Before abolishing stealing, first there should be a solution for poverty. Because of this, in the Quran, after suggesting the solution for poverty is only when it starts talking about the punishment for stealing.
The financial regulations in Islam is designed to solve the problems of the poor. A fixed percent of the wealth from the rich is to be taken, and be given to the poor as “Zakath”. The messenger (SAW) teaches that this Zakath is not a mercy from the wealthy, but is a right of the poor.
The Zakath system in Islam, if implemented properly, itself is enough to wipe of poverty from the phase of the earth. This is what the history teaches us. In societies where the zakath system was properly implemented, there was no one to take the charity itself. There are numerous examples in the Islamic history to witness the above fact.
If the Zakath system is not able to solve the poverty issue in the state, then it is the responsibility of the rules of the Nation to find additional ways to solve the issue. This is the stand of Islam to rule out poverty from the society.
Likewise, the only religion to establish a system to eradicate poverty and showed a role model to the world by implementing the system is Islam. Thus it is after removing all the factors that necessitates the need for robbery is that when Quran starts speaking about the punishment rules. It is not in a society where unemployment and poverty rules that Islam asks to implement its penal rules. Even after creating an environment where there is no need for robbery or stealing, and yet there are some who try to interrupt the normal life of the people by committing acts of stealing, yes – then Islam asks to cut of the hands of these people.
The financial regulations in Islam is designed to solve the problems of the poor. A fixed percent of the wealth from the rich is to be taken, and be given to the poor as “Zakath”. The messenger (SAW) teaches that this Zakath is not a mercy from the wealthy, but is a right of the poor.
The Zakath system in Islam, if implemented properly, itself is enough to wipe of poverty from the phase of the earth. This is what the history teaches us. In societies where the zakath system was properly implemented, there was no one to take the charity itself. There are numerous examples in the Islamic history to witness the above fact.
If the Zakath system is not able to solve the poverty issue in the state, then it is the responsibility of the rules of the Nation to find additional ways to solve the issue. This is the stand of Islam to rule out poverty from the society.
Likewise, the only religion to establish a system to eradicate poverty and showed a role model to the world by implementing the system is Islam. Thus it is after removing all the factors that necessitates the need for robbery is that when Quran starts speaking about the punishment rules. It is not in a society where unemployment and poverty rules that Islam asks to implement its penal rules. Even after creating an environment where there is no need for robbery or stealing, and yet there are some who try to interrupt the normal life of the people by committing acts of stealing, yes – then Islam asks to cut of the hands of these people.
2.0 The ruling of theft in Islam[2]
Theft is Haraam (forbidden) according to the Quran, Sunnah [sayings of Prophet Muhammad 
] and Ijmaa’ (scholarly consensus).
] and Ijmaa’ (scholarly consensus).
Allaah, the Most Exalted, has condemned this action and decreed an appropriate punishment for it. The Hadd [i.e. the legal punishment prescribed by the Sharee'ah (Islamic law)] for a thief is to cut off the thief's hand. Allaah Almighty Says in the Noble Quran (what means): “[As for] the thief, the male and the female, amputate their hands in recompense for what they earned [i.e. committed] as a deterrent [punishment] from Allaah. And Allaah is Exalted in Might and Wise.”[3]
The Prophet said: “The hand (of the thief) should be cut off for (the theft of) a quarter of a Dinar or more.”[4]
said: “The hand (of the thief) should be cut off for (the theft of) a quarter of a Dinar or more.”[4]
The Prophet cursed the thief because he is a corrupt element in society, and if he is left unpunished, his corruption will spread and infect the body of the Ummah (Muslim community). He said: “May Allaah curse the thief who steals an egg and has his hand cut off, or steals a rope and has his hand cut off.”[5]
cursed the thief because he is a corrupt element in society, and if he is left unpunished, his corruption will spread and infect the body of the Ummah (Muslim community). He said: “May Allaah curse the thief who steals an egg and has his hand cut off, or steals a rope and has his hand cut off.”[5]
What indicates that this ruling is definitive is the fact that a Makhzoomi noblewoman (from the tribe of Makhzoom) stole at the time of the Prophet and Usaamah Ibn Zayd 
wanted to intercede for her. The Prophet became angry and said: “Do you intercede concerning one of the Hadd set by Allaah? Those who came before you were destroyed because if a rich man among them stole, they would let him off, but if a lowly person stole, they would carry out the punishment on him. By Allaah, if Faatimah Bint (daughter of) Muhammad were to steal, I would cut off her hand.”[6]
and Usaamah Ibn Zayd wanted to intercede for her. The Prophet became angry and said: “Do you intercede concerning one of the Hadd set by Allaah? Those who came before you were destroyed because if a rich man among them stole, they would let him off, but if a lowly person stole, they would carry out the punishment on him. By Allaah, if Faatimah Bint (daughter of) Muhammad were to steal, I would cut off her hand.”[6]
This is the ruling of Allaah concerning theft; that the hand should be cut off from the wrist joint.
Al-Nawawi 
said in his commentary on Saheeh Muslim (Hadeeth collection): Al-Shaafa'i, Abu Haneefah, Maalik and the majority (of scholars) 
said: "The hand should be cut off from the wrist, where the hand meets the forearm." Al-Qurtubi said: "All the scholars said: The hand should be cut off from the wrist, not as some of the innovators do when they cut off the fingers and leave the thumb." Because cutting off the hand is a serious matter, it should not be done for just any case of theft. A combination of conditions must be fulfilled before the hand of a thief is cut off. These conditions are as follows:
said in his commentary on Saheeh Muslim (Hadeeth collection): Al-Shaafa'i, Abu Haneefah, Maalik and the majority (of scholars) said: "The hand should be cut off from the wrist, where the hand meets the forearm." Al-Qurtubi said: "All the scholars said: The hand should be cut off from the wrist, not as some of the innovators do when they cut off the fingers and leave the thumb." Because cutting off the hand is a serious matter, it should not be done for just any case of theft. A combination of conditions must be fulfilled before the hand of a thief is cut off. These conditions are as follows:
1) The thing should have been taken by stealth; if it was not taken by stealth, then the hand should not be cut off, such as when property has been seized by force in front of other people, because in this case the owner of the property could have asked for help to stop the thief.
2) The stolen property should be something of worth, because that which is of no worth has no sanctity, such as musical instruments, wine and pigs.
3) The value of the stolen property should be above a certain limit, which is three Islamic Dirhams or a quarter of an Islamic Dinar, or their equivalent in other currencies.
4) The stolen property should have been taken from a place where it had been put away, i.e., a place where people usually put their property, such as a cupboard, for example.
5) The theft itself has to be proven, either by the testimony of two qualified witnesses or by the confession of the thief twice.
6) The person from whom the property was stolen has to ask for it back; if he does not, then (the thief’s) hand does not have to be cut off.
If these conditions are fulfilled, then the hand must be cut off. If this ruling was applied in the societies which are content with man-made laws and which have cast aside the Sharee’ah of Allaah and replaced it with human laws (ie constitution), this would be the most beneficial treatment for this phenomenon. But the matter is as Allaah Says (what means): “Then is it the judgement of [the time of] ignorance they desire? But who is better than Allaah in judgement for a people who are certain [in faith].”[7]
3.0 Quranic and Hadith injunction on Theft[8]
Allah 
says,
says,
{As to the thief, male or female, cut off his or her hand: retribution for their deed and exemplary
Ibn Shihab commented, 'Allah severely punished whosoever steals people's property by cutting off
severely punished whosoever steals people's property by cutting off
his / her hand. And He is Almighty in retribution and full of wisdom in dispensing the penalty he has
prescribed for thieves.
The Prophet said, "When an adulterer commits illegal sexual intercourse, then he is not a believer at the time he is doing it, and when somebody drinks an alcoholic drink, then he is not a believer at the time of drinking it, and when a thief steals, he is not a believer at the time he is stealing. The door of repentance is usually open ".
said, "When an adulterer commits illegal sexual intercourse, then he is not a believer at the time he is doing it, and when somebody drinks an alcoholic drink, then he is not a believer at the time of drinking it, and when a thief steals, he is not a believer at the time he is stealing. The door of repentance is usually open ".
Abu Hurairah narrated the Prophet as saying, "Allah curses the thief who steals a "Baidhah" (or a helmet) for which his hand is to be cut off, or steals a rope for which his hand is to be cut off.”[10]
as saying, "Allah curses the thief who steals a "Baidhah" (or a helmet) for which his hand is to be cut off, or steals a rope for which his hand is to be cut off.”[10]
Ai-' Amash commented, "People used to interpret "Baidhah" as an iron helmet, and they used to think
that the rope may cost a few dirhams.
`Aishah quoted,
"A woman from Banu Makhzum used to borrow things and never give them back. Consequently, the
"The woman's people ~ame to Usama Ibn Zaid to intercede with the Prophet that he may pardon her. When Usamah spoke to Allah's apostle about that matter, Allah's apostle said, "Do you intercede (with me) to violate one of the legal penalties of Allah?" Then he got up and addressed the people, saying, "0 people! The nations before you went astray because if a noble person committed theft, they used to leave him, but if a weak person among them committed theft; they used to inflict the legal penalties on him. By Allah, if Fatimah, the daughter of Muhammad committed theft, Muhammad would have cut off her hand!”[12]
that he may pardon her. When Usamah spoke to Allah's apostle about that matter, Allah's apostle said, "Do you intercede (with me) to violate one of the legal penalties of Allah?" Then he got up and addressed the people, saying, "0 people! The nations before you went astray because if a noble person committed theft, they used to leave him, but if a weak person among them committed theft; they used to inflict the legal penalties on him. By Allah, if Fatimah, the daughter of Muhammad committed theft, Muhammad would have cut off her hand!”[12]
Abdul-Rahman Ibn Muhayriz asked Fudhalah Ibn Ubaid whether hanging the thiefs amputated hand to
his neck is of the tradition of the Prophet. He said.
. He said.
"A thief was summoned before the Prophet who gave an order to cut off his hand and tie it to his
who gave an order to cut off his hand and tie it to his
neck.”[13]
The Muslim Jurists viewed that a thiefs’ repentance is not valid unless he gives back what he has robbed. In case he is bankrupt, he should ask the real owner of the stolen thing to pardon him.
4.0 Question and answer session
Question: Stealing money in Islam[14]?
If you have stolen money, before you became a muslim, how do you find forgiveness? or is there already forgiveness when you revert. also, if you do it again after you revert, how can you find forgiveness? does the quran say you will burn in hell forever if you steal money?
Answer
When you revert all the sins become good deeds.
Therefore money, becomes acceptable money to use, and not sinful money. If you steal again, you must give it back, pray for forgiveness, and NEVER do it again, this will "delete" the sin, it is recommended that you follow the sin up with good deeds.
If you steal again, you can still be forgiven, but not as likely, unless you devote yourself 100 percent.
A Muslim can go to hell, but never forever. If you steal again and not ask for forgiveness, you will go to hell for a time, then go to heaven, remember, a fire in hell is 70 times hotter then on earth.
Can you bare a fire on earth for a year? A month? A week? A day? Can you keep your finger on a fire for an hour? How can you stand hell for hundreds of years? {I.e. a day there is thousand of years on earth}
Therefore money, becomes acceptable money to use, and not sinful money. If you steal again, you must give it back, pray for forgiveness, and NEVER do it again, this will "delete" the sin, it is recommended that you follow the sin up with good deeds.
If you steal again, you can still be forgiven, but not as likely, unless you devote yourself 100 percent.
A Muslim can go to hell, but never forever. If you steal again and not ask for forgiveness, you will go to hell for a time, then go to heaven, remember, a fire in hell is 70 times hotter then on earth.
Can you bare a fire on earth for a year? A month? A week? A day? Can you keep your finger on a fire for an hour? How can you stand hell for hundreds of years? {I.e. a day there is thousand of years on earth}
One of the worst forms of theft or cheating is cheating in prayer. The Messenger of Allaah (peace and blessings of Allaah be upon him) said: "The worst type of thief is the one who steals from his prayer." The people asked, "O Messenger of Allaah, how can a person steal from his prayer?" He said: "By not doing rukoo' and sujood properly."[16]
This lack of composure and failure to pause in rukoo' and sujood and to stand up straight after rukoo' or sit up properly between sujoods may be observed in many of those who pray, and hardly any mosque is free of examples of people who do not have the proper composure in prayer. Correct composure is one of the pillars of prayer, without which prayer is invalid.
This is a serious matter. The Prophet said: "A man's prayer is not good enough until his back is straight in rukoo' and sujood." (Reported by Abu Dawud, 1/533; see also Saheeh al-Jaami', 7224).
said: "A man's prayer is not good enough until his back is straight in rukoo' and sujood." (Reported by Abu Dawud, 1/533; see also Saheeh al-Jaami', 7224).
There is no doubt that lacking the proper composure is bad, and the person who is guilty of this deserves to be reprimanded and threatened with punishment.
Abu 'Abdullaah al-Ash'ari reported that the Prophet led his Companions in prayer, then he sat with a group of them. A man came in and started to pray, but made his movements rapid like a chicken pecking the ground.
led his Companions in prayer, then he sat with a group of them. A man came in and started to pray, but made his movements rapid like a chicken pecking the ground.
The Prophet said: "Do you see this? Whoever dies having done this has died outside of the community of Muhammad, and his prayer is like a crow pecking blood. The person who bows then pecks in his sujood is like a hungry man who eats no more than one or two dates - what good will that do him?"[17]
said: "Do you see this? Whoever dies having done this has died outside of the community of Muhammad, and his prayer is like a crow pecking blood. The person who bows then pecks in his sujood is like a hungry man who eats no more than one or two dates - what good will that do him?"[17]
Zayd ibn Wahb said: "Hudhayfah saw a man who was not performing rukoo' and sujood properly. He said: 'You have not prayed, and if you were to die, you would die on a way other than that revealed by Allaah to Muhammad (peace and blessings of Allaah be upon him).'" [18]
Once a person is aware of this ruling, if he fails to perform prayer with the proper composure, he should repeat it and repent to Allaah for what is past; he does not need to repeat all of his previous prayers, as is indicated by the hadeeth "Repeat your prayer, for you have not prayed."[19]
"Let there arise out of you a band of people inviting to all that is good enjoining what is right and forbidding what is wrong; they are the ones to attain felicity"[20].
Let`s join the call of friends of Islam to provide helping hand in preaching the teachings of Eiman.
6.0 Traditions on Stealing[21] in Islam
Definition, literal and legal (combined), of Stealing is Wrongful or Willful taking of anything belonging to someone else, with an intention to deprive the owner of its use or benefit, either temporarily or permanently. It also means taking another person’s things (any property) without his/her permission/knowledge or without a legal right to do so. And, the person who steals is called a thief. This is applicable to stealing anything (of prescribed value) either from an individual or from an institution.
Stealing is a sin, a big sin in Islam. How big a sin stealing is can be understood by understanding the following verse of Qur’an: “O Prophet ! When believing women come to you to give the Bai’ah (the pledge), that they will not associate anything in worship with Allah, that they will not steal, that they will not commit illegal sexual intercourse, that they will not kill their children, that they will not utter slander, intentionally forging falsehood, and that they will not disobey you in Ma’ruf, then accept their Bai’ah, and ask Allah to forgive them. Verily, Allah is Oft-Forgiving, Most Merciful.” [22]
! When believing women come to you to give the Bai’ah (the pledge), that they will not associate anything in worship with Allah, that they will not steal, that they will not commit illegal sexual intercourse, that they will not kill their children, that they will not utter slander, intentionally forging falsehood, and that they will not disobey you in Ma’ruf, then accept their Bai’ah, and ask Allah to forgive them. Verily, Allah is Oft-Forgiving, Most Merciful.” [22]
This verse is about ‘Oath of Allegiance’ for women. It can be seen that one of the requirements of the pledge was that a woman shall undertake that she shall not steal. Stealing has been included along with other grave crimes like Shirk, Illegal sex, Murder (of children) etc. I also wish to quote one hadith to highlight how grave a sin stealing is:
Narrated Ibn Abbas (RA): The Prophet said, “When an adulterer commits illegal sexual intercourse, then he is not a believer at the time he is doing it; and when somebody steals, he is not a believer at the time he is stealing.”[23]
said, “When an adulterer commits illegal sexual intercourse, then he is not a believer at the time he is doing it; and when somebody steals, he is not a believer at the time he is stealing.”[23]
This narration clearly tells us that at the time of stealing, the thief is not in the state of Iman, hence the enormity of the sin.
7.0 Prescribed Punishment For The Thief
As is the case with every big sin, there is a prescribed punishment for the thief. It is commonly understood that the Islamic punishment (the Hadd) for stealing is to cut off the hand of the thief. This is absolutely true; however, there are lot of conditions to be met before this punishment is carried out. Let us try to understand details associated with this delicate subject which has often been misunderstood by the world.
1. Prescribed punishment for a thief
The punishment for a thief is mentioned in Holy Qur’an. “And (as for) the male thief and the female thief, cut off (from the wrist joint) their hands as a recompense for that which they committed, a punishment by way of example from Allah. And Allah is All-Powerful, All-Wise.” [24]
. And Allah is All-Powerful, All-Wise.” [24]
Allah commands and decrees that the (right) hand of the thief (male or female) be cut off. Non-Muslims try to highlight this punishment as an act of cruelty. Even some Muslims try to interpret this verse in somewhat softer manner, thereby trying to say that the verse does not calls for hand amputation, rather it asks for establishing such a society where acts of stealing does not take place. But all these theories are wrong. The actual meaning of the verse is what it really conveys. The verse says that the hand of the thief be cut off, and that is the punishment what the thief has earned. The punishment is from Allah, and it is so severe that it sets an example for all. Whoever sees a thief being punished in an Islamic manner, will never even think of committing a theft.
commands and decrees that the (right) hand of the thief (male or female) be cut off. Non-Muslims try to highlight this punishment as an act of cruelty. Even some Muslims try to interpret this verse in somewhat softer manner, thereby trying to say that the verse does not calls for hand amputation, rather it asks for establishing such a society where acts of stealing does not take place. But all these theories are wrong. The actual meaning of the verse is what it really conveys. The verse says that the hand of the thief be cut off, and that is the punishment what the thief has earned. The punishment is from Allah, and it is so severe that it sets an example for all. Whoever sees a thief being punished in an Islamic manner, will never even think of committing a theft.
2. The criterion for hand cut off
Let me start this section with a hadith: Narrated Ibn Umar (RA): Allah’s Messenger cut off the hand of a thief for stealing a shield that was worth three Dirhams.[25]
’s Messenger cut off the hand of a thief for stealing a shield that was worth three Dirhams.[25]
We come across several narrations telling that hands were cut off for a theft worth 3 Dirhams & more or one quarter of a Dinar or more. During Prophet’s time, silver coins were called Dirhams and gold coins were called Dinars. In value, 1 Dinar was equal to 12 Dirhams. Therefore, one-quarter of a Dinar was equal to 3 Dirhams. Thus, minimum value of theft which amounts to hand amputation is 3 Dirhams. On this account, Imam Malik, Imam Shafi’ & Imam Ahmad, all three held the view that the hand be cut off for a fourth of a Dinar or more.
’s time, silver coins were called Dirhams and gold coins were called Dinars. In value, 1 Dinar was equal to 12 Dirhams. Therefore, one-quarter of a Dinar was equal to 3 Dirhams. Thus, minimum value of theft which amounts to hand amputation is 3 Dirhams. On this account, Imam Malik, Imam Shafi’ & Imam Ahmad, all three held the view that the hand be cut off for a fourth of a Dinar or more.
Imam Abu Hanifah has a different view. According to him, hand should be cut off for a minimum theft value of ten Dirhams. There is a narration in support of this view as well.
It was narrated that Ata said: The least for which the hand of a thief is to be cut off is the price of a shield. And the price of a shield in those days was ten Dirhams.[26]
This is the view of the people of Kufah as well.
I personally favour the earlier view, the one about 3 Dirhams. Following narration throws some more light on the subject and substantiates my stand on this issue: It was narrated that Abu Hurairah (RA) said: Allah’s Messenger said, “May Allah curse the thief for he steals an egg and his hand is cut off, or he steals a rope and his hand is cut off.”[27]
said, “May Allah curse the thief for he steals an egg and his hand is cut off, or he steals a rope and his hand is cut off.”[27]
This narration has been reported by Bukhari, Abu Dawud, An-Nasa’i as well as Ibn Majah. We see that there is a mention of hand amputation for a thing as small as an egg and/or a rope. Therefore, I go with the view of Imam Malik, Imam Shafi’ and Imam Ahmad, that a hand be cut off for a theft of 3 Dirhams and above.
Some scholars say that the weight of 1 Dinar of those times was equal to 4.24 grams; based on this, a quarter of a Dinar i.e. 3 Dirhams equate to 1.105 grams of gold. However, this minimum value should be equated in terms equivalent to gold and/or modern currencies; the ruler, in consultation with religious scholars, historians and other advisors of the area, shall decide what amount in a particular currency of modern era works out equivalent to the value of 3 Islamic Dirhams.
3. Some specific cases
3.1. Stealing of fruits, other edibles etc.
There is a difference of opinion among four Imams about stealing of fruits etc. According to Imam Abu Hanifah, cutting off the hand is not applicable for stealing edibles. Have a look at following hadith in support of Imam Abu Hanifah’s view:
Rafi bin Khadij narrated that he heard Allah’s Messenger say, “There is no cutting of the hand for fruits or palm marrow.”[28]
say, “There is no cutting of the hand for fruits or palm marrow.”[28]
Other three Imams say that if edibles are not secured in a house or by an enclosure, then there is no cutting of a hand; cutting off the hand is applicable for stealing from a protected place. There is a narration in support of second view as well: It was narrated from Amr bin Shuaib, from his father, from his grandfather Abdullah bin Amr, that Allah’s Messenger was asked about fruit on tree. He said, “Whatever a needy person takes without putting any in his pocket, there is no penalty on him. But whoever takes anything away, he must pay a penalty twice its value and be punished. Whoever steals something after it has been stored properly, and its value is equal to that of a shield, his hand must be cut off. Whoever steals something less than that, he must pay a penalty of twice its value and be punished.”[29]
was asked about fruit on tree. He said, “Whatever a needy person takes without putting any in his pocket, there is no penalty on him. But whoever takes anything away, he must pay a penalty twice its value and be punished. Whoever steals something after it has been stored properly, and its value is equal to that of a shield, his hand must be cut off. Whoever steals something less than that, he must pay a penalty of twice its value and be punished.”[29]
The second hadith is more comprehensive and clarifies the matter a lot. Based on both views, we can summarize the rulings for stealing of fruits/edibles etc. as follows: A needy person (applicable to hungry in case of edibles) can pick fruits/edibles in order to satisfy his/her hunger, nothing more. In that case, he/she is not considered a thief. But if he takes more than that (to eat later or for others), that is considered as stealing.
Cutting off the hand is not applicable to stealing fruits from unguarded places, like trees etc., though it still constitutes a theft. However, penalty of this theft shall be twice the value of the stolen material as well as additional punishment as decided by the ruler (it can be up to maximum of ten whips).
Stealing of edibles/fruits after they have been stored in a safe place by the owner, leads to cutting off the hand of the thief, if the amount of this theft goes up to 3 Dirhams or more.
3.2. Borrowing & denying
If someone borrows from people and then denies having borrowed the thing, and if there are witnesses to it (that the person has borrowed but not returning now), then such an act constitutes a theft, and such a person is considered a thief, for which his/hands are to be cut off (provided the value of theft is 3 Dirhams or above). This is mentioned in following hadith: It was narrated from Ibn Umar (RA) that a Makhzumi woman used to borrow things then deny that she had borrowed them, so the Prophet ordered that her hand be cut off.[30]
ordered that her hand be cut off.[30]
3.3. Stealing while travelling/military expeditions
It was narrated that Junadah bin Abi Umayyah said: We were with Busr bin Artah at sea, and a thief called Misdar was brought, having stolen a long-necked she-camel. He said: I heard Allah’s Messenger say, “Hands are not to be cut off when travelling. Were it not for that, I would have cut off his hand.”[31]
say, “Hands are not to be cut off when travelling. Were it not for that, I would have cut off his hand.”[31]
Based on this hadith, it is understood that the hand of a thief should not be cut off if it takes place during a travel. However, there is again a difference of opinion among the scholars on this issue. Let me quote another narration (by the same narrator) which supports the other view: Busr bin Artah narrated that the Prophet said, “The hands are not cut in battles.”[32]
said, “The hands are not cut in battles.”[32]
Many people of knowledge hold the opinion that this ruling is applicable only for travels related to military expeditions. One of them, Al-Awzai, says that the legal punishments should not be carried out in battles in presence of enemy, lest the one the punishment was implemented upon may join the enemy. So, when they return from the Land of War to the Land of Islam, the punishment be given to the deserving. It is up to us to adopt whichever ruling we understand better, and leave the rest to Allah, for Allah knows best.
4. Exempted from the prescribed punishment
It is worth mentioning that there are three categories of people who are exempted from the legal punishments (the Hudud). These three categories are: a sleeping person, an insane person and a child. Refer to following hadith: It was narrated from Aishah (RA) that Allah’s Messenger said, “The Pen has been lifted from three: From the sleeping person until he awakens, from the insane person until he comes to his senses, and from the child until he grows up.”[33]
said, “The Pen has been lifted from three: From the sleeping person until he awakens, from the insane person until he comes to his senses, and from the child until he grows up.”[33]
5. Hand amputation punishment should not be ignored (or waived off) in any case, and must be carried out strictly.
It is not allowed to relax the rulings of any of the legal punishments prescribed in Islamic Shariah, in any case. Howsoever influential the culprit be, he/she should be taken to task and be punished according to his/her sin and the punishment laid down in Islam for that. The same applies to stealing. If the sin of stealing is proven against anyone, and all the conditions (required to be met) for cutting off the hand are met, then he/she should not be pardoned in any case. The hand should be cut off. No one is allowed to intercede on his behalf and request for relaxing the punishment. We have to get inspiration from following narration: It was narrated from Aishah (RA) that Quraish were concerned about the case of Makhzumi woman who had stolen. They said, “Who will speak to Allah’s Messenger concerning her?” Then they said, “Who would dare to do that but Usamah, the beloved of Allah’s Messenger ?” So Usamah spoke to him, and Allah’s Messenger said, “Are you interceding about one of the Hadd punishments of Allah?” Then he stood up and delivered a speech in which he said, “O people, those who came before you were doomed because if a nobleman among them stole, they let him off, but if a lowly person stole, they carried out the punishment on him. By Allah, if Fatimah, the daughter of Muhammad, were to steal, I would cut off her hand.”[34]
concerning her?” Then they said, “Who would dare to do that but Usamah, the beloved of Allah’s Messenger ?” So Usamah spoke to him, and Allah’s Messenger said, “Are you interceding about one of the Hadd punishments of Allah?” Then he stood up and delivered a speech in which he said, “O people, those who came before you were doomed because if a nobleman among them stole, they let him off, but if a lowly person stole, they carried out the punishment on him. By Allah, if Fatimah, the daughter of Muhammad, were to steal, I would cut off her hand.”[34]
Therefore, it is not allowed to intercede in any of the punishments prescribed by Allah, and on the same lines, wherever the punishment of cutting off the hand of a thief is proven, it should be carried honestly, irrespective of the status of the sinner.
Stealing is a sinful act and. Islam stresses to maintain a clean and crime free society providing people with the safety for their lives, wealth and honor.
Islam suggests that one hand of the thief should be cut if he or she is proved guilty. This penalty is never imposed when there is the slightest doubt that the thief was propelled to crime by hunger.
It can only be applied if goods stolen are over a set value and consideration is given to whether this is a first offence or the person is a compulsive thief. Its effectiveness as a deterrent can be demonstrated in that in a 400 year period when it was applied 6 people had their hand cut off.
When all the conditions are fulfilled that; there is no unemployment, poverty, hunger or anything else for which the accused person is suffering, if he still commits the act of stealing for the sake of living luxurious life, his penalty can be found by Quran Recitation as: “Cut off (from the wrist joint) the (right) hand of the thief, male or female, as a recompense for that which they committed, a punishment by way of example from Allah. And Allah is All-Powerful, All-Wise”[36].
Islam has proposed complete way of building up a crime free state by fixing a percent of the wealth from the rich is to be taken, and be given to the poor as “zakat”. Prophet teaches that this zakat is not a mercy from the wealthy, but is a right of the poor.
teaches that this zakat is not a mercy from the wealthy, but is a right of the poor.
Relatively harsh punishments prescribed in Islam are to frighten those people who have no reasonable motivation for crime yet feel a strong thirst for committing crimes.
7.2
Quran says “Cut off (from the wrist joint) the (right) hand of the thief, male or female, as a recompense for that which they committed, a punishment by way of example from Allah. And Allah is All-Powerful, All-Wise.[38]
Quran didnt stop there, it continues “But whosoever repents after his crime and does righteous good deeds (by obeying Allah), then verily, Allah will pardon him (accept his repentance). Verily, Allah is Oft-Forgiving, Most Merciful.[39]“
Look around in the world for the type of robbery happening. Are they done by the person to remove his poverty. 99% of the stealing that take place is as an easy way for the person to live a luxurious life. They do the stealing and killings to buy new cars, to stay in luxurious hotels and to win a long queue of girls. If we are ready to cut of few hands of these people, it is quite imminent that there will be a 99% decrease in the commitment of these crimes, which itself help towards creating a better and healthy society.
Even in Islamic nations, there might be situations of drought and famine. In this scenario, if someone commit stealing, Islam don’t ask them to cut of their hand. During the ruling of Umar (RA), there was an incident where a robber was brought in for trial, and it was found that he had done the stealing because of poverty, and thus this person was left free.
Hence, what we see is a religion that created an environment first to prevent crime in the environment to enable a healthy living society and then to punish the one’s who transgress the normal life of the people, and thus be a model to others about the consequences if they too followed the same path of transgression. This is what we can see in this situation.
Quran didnt stop there, it continues “But whosoever repents after his crime and does righteous good deeds (by obeying Allah), then verily, Allah will pardon him (accept his repentance). Verily, Allah is Oft-Forgiving, Most Merciful.[39]“
Look around in the world for the type of robbery happening. Are they done by the person to remove his poverty. 99% of the stealing that take place is as an easy way for the person to live a luxurious life. They do the stealing and killings to buy new cars, to stay in luxurious hotels and to win a long queue of girls. If we are ready to cut of few hands of these people, it is quite imminent that there will be a 99% decrease in the commitment of these crimes, which itself help towards creating a better and healthy society.
Even in Islamic nations, there might be situations of drought and famine. In this scenario, if someone commit stealing, Islam don’t ask them to cut of their hand. During the ruling of Umar (RA), there was an incident where a robber was brought in for trial, and it was found that he had done the stealing because of poverty, and thus this person was left free.
Hence, what we see is a religion that created an environment first to prevent crime in the environment to enable a healthy living society and then to punish the one’s who transgress the normal life of the people, and thus be a model to others about the consequences if they too followed the same path of transgression. This is what we can see in this situation.
8.0 Conclusion
We have tried to discuss almost all issues related to stealing in Islamic perspective. We should bear in our minds that the definition of stealing which we discussed at the start of our discussion, applies to stealing the property from individuals as well as from the institutions. How it applies to an individual stealing something from an individual is very clear to all. But there are some grey areas when it comes to an individual stealing from an institution. I wish to say few words about this before I end my talk.
There are several acts which constitute stealing from institutions. For example: if an employee of a bank takes away some cash, without informing the bank authorities and without having a legal right to do so, and uses this cash for himself and his family, it is a case of an individual stealing from an institution. The penalties/punishments applicable are similar to what we have discussed earlier. But there are some more cases which a lot of Muslims are involved doing in without even giving a thought that they are involved in stealing. I am talking of a very common act of people from Indian sub-continent (India, Pakistan, Bangladesh etc.) i.e. stealing from public utility services. It is very common to see people using electricity without paying the bills to the electricity authorities. Alternate means (like bypassing the meters, consuming directly from the main lines with no measurement etc.) are adopted to reduce the meter readings, thereby allowing them to pay much less than what is consumed. Similar treatment is meted to water supplies as well. Such thefts are committed on a regular basis.
If they are pointed out that using electricity in homes illegally is an act of stealing, and Muslims, particularly, should refrain from it, their plea is that the government is not doing anything for them and hence their theft is justified. They defend their actions with stupid reasoning, and consider doing so as their right. A poor man, if he commits such an action, might be excused up to some extent (not fully though) owing to his inability to meet the expenses of such utilities; but when a financially strong person does so and puts forward lame excuses, it is a pity.
Is this what Islam teaches us? What has happened to us? Remember, all such acts of using public utilities (electricity, water, communication services etc.) illegally, without paying due expenses to the relevant government authorities, fall under stealing, and all the penalties/punishments associated apply, as and where applicable.
Ibn 'Umar narrated, ' Allah's apostle cut off the hand of a thief for stealing a shield that was worth three dirhams.”[40]
'Aishah (may Allah be pleased with her) narrated, "The hand should be cut off for stealing something that is worth a quarter of a dinar or more.”[41]
The Prophet said, "The hand of a thief was not cut off except for stealing something equal to a shield in value.” It was said, “ `Aishah: How much is shield worth?' She answered: "A quarter of a Dinar.”[42]
said, "The hand of a thief was not cut off except for stealing something equal to a shield in value.” It was said, “ `Aishah: How much is shield worth?' She answered: "A quarter of a Dinar.”[42]
According to another narration the Prophet said, "Cut off (hands and feet) for stealing what is worth a quarter of a Dinar, but not less". A quarter of a dinar, by then, was worth three "Dirhams."
said, "Cut off (hands and feet) for stealing what is worth a quarter of a Dinar, but not less". A quarter of a dinar, by then, was worth three "Dirhams."
Your audience is always Allah Himself and not other people. He can see straight into your heart and He knows your truth. This is how you avoid major sins including Article on Misappropriating Spoils of War, Muslim Funds or Zakat In Islam etc.
Himself and not other people. He can see straight into your heart and He knows your truth. This is how you avoid major sins including Article on Misappropriating Spoils of War, Muslim Funds or Zakat In Islam etc.
1) We ask Allah to guide and protect us; He is the Most Generous.
to guide and protect us; He is the Most Generous.
2) May Allah guide you and me to be sincere in our intentions and to perfect our deeds!
guide you and me to be sincere in our intentions and to perfect our deeds!
3) May Allah guide you and me to the straightforward path, for He is Most Bounteous, Most Generous? Praise be to Allah the Lord of all worlds.
guide you and me to the straightforward path, for He is Most Bounteous, Most Generous? Praise be to Allah the Lord of all worlds.
4) May Allah bless our Prophet Muhammad (
), his family and all his Companions!
bless our Prophet Muhammad (), his family and all his Companions!
5) We ask Allaah to make us and you steadfast.
to make us and you steadfast.
6) ‘’Allahu A'alam" (Allah knows best).
A'alam" (Allah knows best).
AVOID THE 70 MAJOR SINS[43]
Thus Allah has guaranteed Paradise to those who avoid major sins. There is some difference of opinion among scholars in this regard. Some say these major sins are seven, and in support of their position they quote the Hadith: “Avoid the seven noxious things.”
has guaranteed Paradise to those who avoid major sins. There is some difference of opinion among scholars in this regard. Some say these major sins are seven, and in support of their position they quote the Hadith: “Avoid the seven noxious things.”
However, Abdullah Bin Abbas said, “Seventy is closer to the number than seven,” and indeed that is correct. The above Hadith does not limit the major sins to those mentioned in it. Rather, it points to the types which fall into the category of major sins:-
01. Shirk
02. Murder
03. Practicing magic
04. Not Praying (Salah)
05. Not paying Zakat
06. Not fasting on a Day of Ramadan without excuse
07. Not performing Haj, while being able to do so
08. Disrespect to parents
09. Abandoning relatives
10. Fornication and adultery
11. Homosexuality (sodomy)
12. Interest (Riba)
13. Wrongfully consuming the property of an orphan
14. Lying about Allah and His Messenger
and His Messenger
15. Running away from the battlefield
16. A leader deceiving his people and being unjust to them
17. Pride and arrogance
18. Bearing false witness
19. Drinking Khamr (wine)
20. Gambling
21. Slandering chaste women
22. Stealing from the spoils of war
23. Stealing[44]
24. Highway robbery
25. Taking false oath
26. Oppression
27. Illegal gain
28. Consuming wealth acquired unlawfully
29. Committing suicide
30. Frequent lying
31. Judging unjustly
32. Giving and accepting bribes
33. Women imitating men and men imitating women
34. Being cuckold
35. Marrying a divorced woman in order to make her lawful for the former husband
36. Not protecting oneself from impurity of urine
37. Showing-off
38. Learning knowledge of the religion for the sake of this world and concealing that knowledge
39. Betrayal of trust
40. Recounting favors
41. Denying Allah’s Decree
’s Decree
42. Listening (to) people’s private conversations
43. Carrying tales
44. Cursing
45. Breaking contracts
46. Believing in fortune-tellers and astrologers
47. A woman’s bad conduct towards her husband
48. Making statues and pictures
49. Lamenting, wailing, tearing the cloth, and doing other things of this sort when an affliction befalls
50. Treating others unjustly
51. Overbearing conduct toward the wife, the servant, the weak, and animals
52. Offending one’s neighbor
53. Offending and abusing Muslims
54. Offending people and having an arrogant attitude toward them
55. Trailing one’s garment in pride
56. Men wearing silk and gold
57. A slave running away from his master
58. Slaughtering an animal which has been dedicated to anyone other than Allah
59. To knowingly ascribe one’s paternity to a father other than one’s own
60. Arguing and disputing violently
61. Withholding excess water
62. Giving short weight or measure
63. Feeling secure from Allah’s Plan
’s Plan
64. Offending Allah’s Awliya (the righteous and pious believers)
’s Awliya (the righteous and pious believers)
65. Not praying in congregation but praying alone without an excuse
66. Persistently missing Friday Prayers without any excuse
67. Usurping the rights of the heir through bequests
68. Deceiving and plotting evil
69. Spying for the enemies of the Muslims
70. Cursing or insulting any of the Companions of Allah’s Messenger
’s Messenger
Major sins are crimes which call for a prescribed punishment (Hadd; plural, Hudood); acts for which a warning of a severe punishment in the Hereafter is given in the Qur’an or Sunnah; and also those deeds which are cursed by our Prophet .
.
Of course, there is a gradation among them, since some are more serious than others. We see that the Prophet has included Shirk (associating someone or something with Allah) among them, and from the text of the Qur’an we know that a person who dies committing Shirk will not be forgiven and will remain in Hell forever.
has included Shirk (associating someone or something with Allah) among them, and from the text of the Qur’an we know that a person who dies committing Shirk will not be forgiven and will remain in Hell forever.
[1] Did you download or photocopied ‘’Avoid 70 Major Sins’’ series 1 - 22?
[2] http://www.islamweb.net/emainpage/index.php?page=articles&id=136791
[14] http://answers.yahoo.com/question/index?qid=20081216143059AAx5qFA
[15] http://irfi.org/articles3/articles_4301_4400/stealing%20in%20prayerhtml.htm
[17] Reported by Ibn Khuzaymah in his Saheeh 1/332; see also al-Albaani, Sifat Salaat al-Nabi (The Prophet's Prayer described), 131
's Prayer described), 131
[19] Lack of composure in Prayer; Taken from 'Prohibitions that are taken too lightly' - English Translation
Book by Sheikh Muhammed Salih Al-Munajjid
Book by Sheikh Muhammed Salih Al-Munajjid
[21] http://www.quranandhadith.com/stealing/
[25] (Hadith No. 6795, Book of Al-Hudud, Sahih Bukhari, Vol. 8; Hadith No. 1446, Chapters on Legal Punishments, Jami’ At-Tirmidhi, Vol. 3).
[34] (Hadith No. 4410 (1688), Book of Oaths Hudud, Sahih Muslim, Vol. 4; Hadith No. 6788, Book of Al-Hudud, Sahih Bukhari, Vol. 8).
[35] http://read2know.blog.com/2009/12/02/punishment-of-stealing-in-islam/
[37] http://reserveyourself.wordpress.com/2011/03/06/islam-and-stealing-dont-steal/
[43] In Shaa Allahu, Our planned mission is to get required articles on 70 Major Sins separately/sequentially via email to brothers/sisters for their archives/families/friends etc.
[44] This is where we are today, Allah (SWT) Willing; Series No 23. We have already given out Series 1 - 22 of the ‘’Avoid 70 Major Sins’’ before.
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