THE PUNISHMENT OF THE THEIVES.

VERSES NO. 38-40

      Here the punishment for the theif; be it a male or female, is decreed to cut off their hands. This commandment is a general one and in brief, the detail of which should be known by jurists and especialists in the law (SHARIAT), from the traditions, and the methodical way of our prophet.

      In the matter of theft, the male thief has been given precedence over the female; but contrary to this, in the matter of adultery the female has been mentioned before the male. (S 24:2) This is because, women are more effective in the adultery than men, and men are more effective in the matter of theft than women.

      According to Islamic jurisprudence, there are many conditions and terms, for a thief to be punished; some of which are as follows:-

      1- The amount of the thing stolen should at least cost one quarter of a Dinar, which is the chief gold coin of the ancient Muslims. Jurists are not unanimous as to the exact value or amount of the property stolen, which would involve the penalty of the amputation, the majority of the jurisprudents, whether Shiite or Sonnies, hold that petty thefts are exempted of this penalty.

      2- The property should have been stolen from a protected place, such as from a house, a shop, or a pocket.

      3- And that the theft is not done in a year of famine or dearth.

      4- The thief must be wise and full-grown so that his stealth is done with his free Will.

      5- If a father has stolen something of his son, or if a son has stolen something of his father, or if a joint owner has stolen something of their company, are all excluded in this commandment.

      6- So is exempted the thief who has stolen fruits from the trees in a garden.

      7- For the probability of having done a mistake; the thief must be investigated and considered well, before he is punished for theft, So also other conditions that are mentioned in the jurists books are to be observed before the execution.

      8- The above mentioned conditions, does not mean that other kind of thefts that have not the said conditions are lawful. In Islam, any sort of stealth, with any amount of thing stolen, is forbidden and unlawful.