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Saracen21stC posted a topic in Refuting non-MuslimsCut the hand of the Thief. (al Ma’ida 5:38) وَالسَّارِقُ وَالسَّارِقَةُ فَاقْطَعُوا أَيْدِيَهُمَا جَزَاءً بِمَا كَسَبَا نَكَالًا مِّنَ اللَّهِ ۗ وَاللَّهُ عَزِيزٌ حَكِيمٌ 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 Allâh. And Allâh is All Powerful, All Wise. (Qur’an Al Ma’ida 5:38) When Amputation is/is not Applied A couple of points to note on the punishment of amputation for theft: a- the punishment will not be applied if there is any doubt as to the guilt of the suspect b- the punishment will not be applied if the value of the stolen goods is below something of great value -> determined by ‘urf [customs of society] c- the punishment will not be applied if the thief stole out of need/poverty d- the punishment will not be applied if the goods weren’t in proper storage (al-hirz) -> also determined by ‘urf (customs of society) e- the punishment will not be applied if the thief returns the goods and seeks forgiveness of the victim of the theft, before the case enters the judicial system f- the punishment will not be applied if the culprit is not a sane adult and the crime was not committed under duress g- the punishment will not be applied if the goods were not legally owned h- the punishment will not be applied if it is a child stealing from parents or parents stealing from children or one spouse from another according to the opinion of all jurists except Imam Malik. i- the punishment will not be applied if the person is permitted to enter the place from where he stole because in such a case there is no proper custody (al-hirz) j- according to Imam Abu Hanifa the punishment is not applied to the non-muslim living in the muslim state, however Imam Shafi’, Imam Malik and Imam Ahmad ibn Hanbal have said that it is. If the theft passes these restrictions, then it recieves the hadd punishment of hand amputation. Any theft that does not meet these restrictions recieves ta’azir (discretionary punishment – the Judges decided punishment). In such cases the Islamic society would most likely follow case/common law by rule of precedent where like cases are treated alike. Effects of the Punishment for Stealing in Society Effect of it’s Application in Society: Coming to the scenario where amputation is applied in theft, it is interesting to note the effect this has on society.I’d like to quote some parts of a discussion at a conference of the Saudi scholars: At this point Dr. Dawalbi made a comment: “I have been in this country for seven years”, he said, “and I never saw of heard of, any amputation of the hand for stealing. This is because the crime is extremely rare. So, all that remains of that punishment is its harshness, which has made it possible for those who are tempted to steal, to keep their hands whole. Formerly, when these regions were ruled by the french-inspired Penal Code, under the Ottoman Empire, pilgrims travelling between the two Holy Cities – Mecca and Medina, could not feel secure for their purse or their life, unless they had a strong escort. But when this country became the Saudi Kingdom, the Qur’anic Law was enforced, crime immediately disappeared. A traveller, then, could journey, not only between the Holy Cities, but even from Al-Dahran on the Gulf to Jeddah on the Red Sea, and traverse a distance of more than one thousand and five hundred kilometres across the desert all alone in his private car, without harbouring any fear or worry about his life or property, be it worth millions of dollars, and he be a complete foreigner.” The Saudi Delegation resumed: “In this manner, in the Kingdom of Saudi Arabia, where [some] Islamic law is enforced, state money is transferred from one town to another, from one bank to another, in an ordinary car, without any escort or protection, but the car driver. Tell me, Gentlemen: in any of your Western States, would you be ready to transfer money from one bank to another, in any of your capitals without the protection of a strong police force and the necessary number of armoured cars? …Only here, Gentlemen, in this country where Islamic Law is enforced, the American Minister of Foreign Affairs, Mr. William Rogers, during his visit last year, could, he and his suit, dispense with the armoured cars, which had been carried in by special planes, and which accompanied them in their tour of more than ten countries. Only here, Gentlemen, did the Government of the Kingdom not allow its visitors to go around in these cars. Eventually, Mr. Rogers spontaneously declined the guard of honour usually placed by the Government at the disposal of their foreign guests; he walked through the soulks by himself, and confessed that, in this Kingdom, and in this Kingdom alone, one had such a feeling of security that one had no more need of a guard. ...Stealing is almost unknown in our Kingdom, when people, in the great Capitals of Western countries under secular regimes, have no more security for their lives of their possessions. (Doi, Shari’ah: The Islamic Law, Ta Ha Publishers 1984, pp. 260-261) Personally, I know many people who have lived for ten or twenty years in Saudi Arabia and they have testified that they have never come across such a case of amputation for theft. When you implement such a balanced code, theft becomes unheard of. Positive Results Positive Results: I want you to look at this UN survey of burglaries between 1998-2000*. Tell me who is at the bottom of the list? Who is at the top? 1. United States 2,099,700 burglaries (year 1999) 2. United Kingdom 836,027 burglaries (year 2000) . . . 54. Saudi Arabia 11 burglaries (year 2000)!!!! REFERENCE: *http://www.NationMas...graph-T/cri_bur Which law is more successful? These are concrete statistics here. There is no doubt when the UN conducts a survey and the country implementing Islamic law has the fewest burglaries, it demonstrates which is the most successful law in this regard. Source: http://idawah.com/responses/thief/
Saracen21stC posted a topic in Refuting non-MuslimsCrime and Punishment in Islam By The Editorial Team of Dr. Abdurrahman al-Muala (translated by Islamtoday.com) Introduction Part 1: Introduction and the Islamic approach to combating crime Security and stability are basic human needs, no less important than food and clothing. Without security and stability, a human being is not able to properly conduct his daily life, let alone come up with new ideas or contribute to the development of a high level of civilization. Man has been conscious of the need for security since the beginning of his life on Earth, and he has continuously expressed his awareness of this need in many ways. With the formation and evolution of human society, he has expressed this and other needs through the establishment of a state and the formation of laws. This was accomplished in order to ensure general security, settle disputes and conflicts that threaten society, and oppose external threats to its security posed by other nations. The development of these man-made laws did not come to completion except in the last few centuries as the result of a long process of trial and error. By contrast, the Law of Islam was sent down to Muhammad, may the mercy and blessings of God be upon him, in its complete form as part of His final message to humanity. Islamic Law pays the most careful attention to this matter and provides a complete legal system. It takes into consideration the changing circumstances of society as well as the constancy and permanence of human nature. Consequently, it contains comprehensive principles and general rules suitable for dealing with all the problems and circumstances that life may bring in any time or place. Likewise, it has set down immutable punishments for certain crimes that are not affected by changing conditions and circumstances. In this way, Islamic Law combines between stability, flexibility, and firmness. From what angle does Islam approach combating crime? What are the principles that the Islamic penal code is based upon? What are the distinguishing features of this code? What are the measures that it employs to combat crime? What types of punishments exist in Islam? What are the objectives behind their being legislated? These are the questions that will be dealt with in the following pages. The Islamic Approach to Combating Crime The ultimate objective of every Islamic legal injunction is to secure the welfare of humanity in this world and the next by establishing a righteous society. This is a society that worships God and flourishes on the Earth, one that wields the forces of nature to build a civilization wherein every human being can live in a climate of peace, justice and security. This is a civilization that allows a person to fulfill his every spiritual, intellectual, and material need and cultivate every aspect of his being. This supreme objective is articulated by the Quran in many places. God says: “We have sent our Messengers with clear signs and have sent down with them the book and the criterion so that man can establish justice. And we sent down iron of great strength and many benefits for man...” (Quran 57:25) And He says: “…God wants ease for you, not hardship...” (Quran 2:185) And He says: “God wants to make things clear for you and to guide you to the ways of those before you and to forgive you. God is the All knowing, the Wise. God wants to forgive you and wants those who follow their desires to turn wholeheartedly towards (what is right). God wants to lighten your burdens, and He has created man weak.” (Quran 4:26-28) And He says: “God commands justice, righteousness, and spending on ones relatives, and prohibits licentiousness, wrongdoing, and injustice…” (Quran 16:90) Since the Islamic legal injunctions are aimed at achieving human welfare, they can all be referred back to universal principles which are necessary for human welfare to be secured. These universal principles are: 1. The preservation of life. 2. The preservation of religion. 3. The preservation of reason. 4. The preservation of lineage. 5. The preservation of property. The Islamic penal system is aimed at preserving these five universal necessities. To preserve life, it prescribes the law of retribution. To preserve religion, it prescribes the punishment for apostasy. To preserve reason, it prescribes the punishment for drinking. To preserve lineage, it prescribes the punishment for fornication. To preserve wealth, it prescribes the punishment for theft. To protect all of them, it prescribes the punishment for highway robbery. It should therefore become clear to us why the crimes for which Islam for which the Law has prescribed fixed punishments are as follows: 1. Transgression against life (murder or assault). 2. Transgression against property (theft). 3. Transgression against lineage (fornication and false accusations of adultery). 4. Transgression against reason (using intoxicants). 5. Transgression against religion (apostasy). 6. Transgression against all of these universal needs (highway robbery).