Q 2: There is a disagreement between Ahl-ul-Sunnah wal-Jama`ah (adherents to the Sunnah and the Muslim mainstream) and Shi`ah (Shi'ites) concerning the part of the hand that should be cut off when executing the Hadd (ordained punishment for violating Allah’s Law) of theft. Is it permissible to admit both opinions without being accused of partiality?

A: First of all, Allah (Exalted be He) says: And (as for) the male thief and the female thief, cut off (from the wrist joint) their (right) hands as a recompense for that which they committed, a punishment by way of example from Allâh. And Allâh is All-Powerful, All-Wise. The least part to which the term "hand" applies according to the Arabic language with which the Qur'an was revealed is the palm including the fingers to the wrist joint. Thus, it is not permissible to forsake this part towards what is minimal, because this contradicts the ruling mentioned in the Ayah (Qur'anic verse). The Prophet (peace be upon him) and his Sahabah (Companions of the Prophet) confirmed this ruling through their deeds, as it was authentically reported on the authority of Abu Bakr and `Umar (may Allah be pleased with them) that they said, "If a person steals, their right hand should be cut off starting from the wrist." None of the Sahabah (may Allah be pleased with them) said otherwise. Thus, this ruling is a consensus. The connotation of the word in the language as well as the opinions of the Salaf (righteous predecessors) have agreed that the cutting of the thief's hand (Part No. 22; Page No. 220) starts from the joint of the wrist.Second, the Hudud (ordained punishments for violating Allah’s Law) and the manner of executing them are Tawqifiy (bound by a religious text and not amenable to personal opinion). They are subject to theoretical and practical evidence, without paying attention to the pleasure or the displeasure of people or sects. Furthermore, approving the two opinions will cause nothing but confusion and perplexity in the execution of the Hudud among the Ummah (nation based on one creed); and this is totally unacceptable. Q 4: In the case of executing the Hadd of theft, is the criminal entitled to have the amputated hand surgically reattached? A: The thief has no right to have the amputated hand reattached, because that would mean the disappearance of the signs of the punishment for his crime. The effectiveness of the rebuke would therefore be lost. Also, this would be contrary to the idea of punishment as stated in the Ayah in which Allah (Exalted be He) says: ...as a recompense for that which they committed, a punishment by way of example from Allâh. And Allâh is All-Powerful, All-Wise. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.