English Translation of Al-Quran
[05] Surah Al-Ma'idah [The Table Spread With Food]
Ayat 38. 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.
Tafseer of Surah Al Ma'idah Ayat 38. As to the thief, Male or female, cut off his or her hands: a punishment by way of example, from Allah, for their crime: and Allah is Exalted in power. Here we touch upon jurisprudence. The Canon Law jurists are not unanimous as to the value of the property stolen, which would involve the penalty of the cutting off of the hand. The majority hold that petty thefts are exempt from this punishment. The general opinion is that only one hand should be cut off for the first theft, on the principle that "if thy hand or thy foot offend thee, cut them off, and cast them from thee", (Matt. 18:8). Apparently in the age of Jesus thieves were crucified, (Matt. 27:38).
English Translation of Hadith
Hazrat Aisha (May Allah be pleased with her) reported: The Quraysh were anxious about a woman from Banu Makhzum who had committed theft and asked : "Who will speak to the Messenger of Allah [SAWW](PBUH) about her?'' Then they said: "No one will be bold enough to do so except Usama bin Zaid, the (Companion who was) dearly loved by the Messenger of Allah [SAWW](PBUH).'' So Usama (May Allah be pleased with him) spoke to him and the Messenger of Allah [SAWW](PBUH) (angrily) said, "Are you interceding regarding one of the punishments prescribed by Allah?'' He then got up and delivered an address in which he said, "Indeed what destroyed the people before you was just that when a person of high rank among them committed a theft, they spared him; but if the same crime was done by a poor person they inflicted the prescribed punishment on him. I swear by Allah that if ever (God forbid for example) daughter of Muhammad {Messenger of Allah [SAWW](PBUH)} should steal, I would have her hand cut off.''
[Muslim Book 17, Chapter 02, Hadith # 4187].
Lesson: as mentioned above in Surah Al-Ma'idah Ayat 38. 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." 1. Hadd is the punishment fixed by Shariah and which no one has the authority to increase or decrease. For instance, theft is punishable by the cutting of the hand; the punishment of adultery is a hundred stripes or Rajm (stoning to death); the punishment of drinking of intoxicants is forty stripes etc. 2. Nobody has the right to intercede or make any recommendation in this matter. 3. There is no distinction of male or female in the matter of these punishments (Hudud). Whoever commits a crime which is punishable by Hadd, whether that person is male or female, will be liable for punishment prescribed under Hadd - the punishment, the limits of which have been defined in the Qur'an and Hadith.
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