Cutting Off The Hands of Theives

By Muhammad Abdul Malek

The last few years have seen the introduction of "Islamic Law" (Shariah or Shariat) in some
countries which call themselves Islamic States. One law in particular, quite often publicised in the
West as barbarous, is the cutting of a hand for stealing. The so called Islamic States which carry out
these sentences do it for various political reasons, but primarily to create fear and to hold on to
power. Unfortunately they go unquestioned, simply because most people have no knowledge of the
Qur'anic injunctions regarding these issues.

According to the Qur'an, any punishment should fit the crime,

If we are to follow the Qur'anic guidance that the punishment should fit the crime then we cannot cut
the hand of a thief as the wealth stolen is not the same as the sacrifice of one's hand. Therefore we
have to look very carefully at the verses which deal with this issue. The Law regarding this
punishment is given in verses (5:38, 39).

From verse 38 the word "Yad" is translated in its literal
sense as 'hand'. However besides 'hand' the word "Yad" also means strength of hands, power,
property, wealth, blessings, obligation, support etc. Many Arabic words contain such multiple
meanings and it is important to note that the appropriate meaning will always depend on the context
in which it is being used. Here the context is stealing i.e. of wealth, and therefore the punishment to fit the crime should be wealth for wealth and not 'hand for wealth'.

Hence the thief should be given a punishment where he is made to give up his wealth to make good the loss of the person he has robbed. Hence the following translation of the verse, as given by the late Ahmed Ali Khan Jullundri in his translation and commentary of the Qur'an, is accurate

On the other hand if verse (5:38) is translated literally to mean cutting of hand, then verse (5:39) cannot be sustained logically. It would be ridiculous to suggest that Allah turns to him in forgiveness if the thief repents after the cutting of his hand! What is there to forgive after he has paid such a heavy penalty? But if he returns the stolen goods and repents and reforms then he would be forgiven. Deserving the chance he should be given the chance, and this automatically rules out any question of cutting of hand.

In fact, in a truly Islamic State the question of cutting of a hand would not arise at all. There will be
social justice and the State will have to act as a trustee for the entire population. Hunger, injustice and poverty would be eliminated as the wealth would be used for the benefit of the people.

Further, the Qur'an states quite clearly that any such crime must be forgiven if there are mitigating circumstances i.e. poverty, hunger etc.