Q 5: What are
the conditions of cutting off a thief's hand?
A:
Nine conditions have to be met before cutting off the hand of a thief:1. The existence of an incidence of theft i.e. stealing while concealing oneself. Thus the hand is not to be cut off for snatching.2. That the thief is Mukallaf (person meeting the conditions to be held legally accountable for their actions). Accordingly, no Hadd (ordained punishment for violating Allah’s Law) is to be applied to a child or a mad person.3. That the value of the stolen property reaches the Nisab (the minimum value of property stolen that entails execution of the prescribed penalty for theft i.e. one quarter of a golden Dinar). The hand is thus not to be cut off if the value of the stolen property is less than the Nisab.4. That the stolen property is normally valuable.5. That the stolen property does not involve any uncertainty. (Part No. 22; Page No. 224
Nine conditions have to be met before cutting off the hand of a thief:1. The existence of an incidence of theft i.e. stealing while concealing oneself. Thus the hand is not to be cut off for snatching.2. That the thief is Mukallaf (person meeting the conditions to be held legally accountable for their actions). Accordingly, no Hadd (ordained punishment for violating Allah’s Law) is to be applied to a child or a mad person.3. That the value of the stolen property reaches the Nisab (the minimum value of property stolen that entails execution of the prescribed penalty for theft i.e. one quarter of a golden Dinar). The hand is thus not to be cut off if the value of the stolen property is less than the Nisab.4. That the stolen property is normally valuable.5. That the stolen property does not involve any uncertainty. (Part No. 22; Page No. 224) 6. That the stolen property is taken from a Hirz (well-fortified place).7. That the thief took the stolen property out of a Hirz.8. That the conviction of the thief is proven before the judge by the testimony of two male `Adl (of upright character) witnesses or by the confession of the thief.9. That the stolen property is claimed by its real owner.However, checking the foregoing conditions with regard to specific incidences of theft is to be referred to the legal judiciary.May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.