وَالسَّارِقُ وَالسَّارِقَةُ فَاقْطَعُوا أَيْدِيَهُمَا جَزَاءً بِمَا كَسَبَا نَكَالًا مِنْ اللَّهِ وَاللَّهُ عَزِيزٌ حَكِيمٌ فَمَنْ تَابَ مِنْ بَعْدِ ظُلْمِهِ وَأَصْلَحَ فَإِنَّ اللَّهَ يَتُوبُ عَلَيْهِ إِنَّ اللَّهَ غَفُورٌ رَحِيمٌ (5 :38-39)

And as to the thief, male or female, cut off their hands as a reward of their own deeds, and as an exemplary punishment from God. For God is Mighty and Wise. But whoever repents and mends his ways after committing this crime shall be pardoned by Allah. Indeed, Allah is Forgiving and Merciful. (5:38-39)

The law which has been stated in the above mentioned verses is based on the following clauses:

1. The punishment of amputating the hands is prescribed for a thief, both male (sariq) and female (sariqah). According to linguistic principles, the words sariq and sariqah are adjectives and denote thoroughness and completeness in the characteristics of the verb they qualify. Consequently, they can only be used for the type of sarqah which can be called a theft and the one who commits it is called a thief. In other words, if a child steals a few rupees from his father’s pocket, or a wife pinches some money from her husband’s purse, or if a person steals something very ordinary, or plucks some fruit from his neighbour’s orchard, or carries away something valuable which has been left unprotected, or drives away an unattended grazing animal, or commits this ignoble offence owing to some need or compulsion, then, no doubt all these are unworthy acts and should be punished, but, certainly, they cannot be classified as acts of theft which the above given verse qualifies. This shows that the amputation of hands is the utmost punishment and should only be administered when the criminal does not deserve any lenience as far as the nature and circumstances of his crime are concerned.

2. This punishment, according to the Quran is جَزَاءً بِمَا كَسَبَا نَكَالًا مِنْ اللَّهِ. Hence in order to make the criminal an example in the eyes of others just as the affinity between the crime and nature of its punishment requires that his hand be cut, it also requires that his right hand be cut because it is this hand which is actually the instrument of doing things. It is also evident that the word “hand” on account of definite linguistic denotation means that part of the arm which is below the wrist.

3. The objective of this punishment is stated in the words جَزَاءً بِمَا كَسَبَا نَكَالًا مِنْ اللَّهِ (as a reward of their deeds and as an exemplary punishment). Imam Amin Ahsan Islahi explains this in the following way:

… [in this verse], two reasons are stated for the amputation of hands: firstly, it is the punishment of the crime, and secondly, the punishment has to be given in an exemplary way which is a means of a severe warning to others. The Quran uses the word نَكَال (nakal) for such a punishment. Since both these reasons are stated adjacently without any conjunction between them, they must be regarded as essentials in carrying out the punishment ie. a means of retribution of the crime and as a means of a severe warning for the society. Those who do not simultaneously take into consideration both these aspects often end up thinking that the punishment is severer than the crime itself. The actual fact is that this punishment is not only the retribution of the criminal act, but it is also a means to putting an end to many such crimes which may be triggered as a result if the criminals are not totally discouraged by treating them harshly. Like the craving for sex, the lust for wealth is also intense in a person. If this lust is allowed to thrive and prosper, the consequences which arise may well be observed in our own society by any keen eye. If a list of crimes committed in the most civilized of countries in one year only because of theft is prepared, it will be enough to open the eyes. The faint hearts of these civilized societies are deeply moved if hands are amputated because of theft, yet the horrendous crimes which result directly or indirectly through theft fail to rouse any feelings of concern in them. Theft is not a simple crime: it is a source of many crimes. If this crime is eliminated, these crimes shall automatically be taken care of. Consequently, it is a matter of experience that the amputation of hands on account of theft has not only reduced instances of this crime, but has also gone a long way in reducing other crimes as well. If by amputating a few hands, the life, wealth and honour of thousands of people are safeguarded, then this is not a bad deal at all; in fact, it is a very lucrative one. Regrettably the intelligentsia of this modern age fails to appreciate this.[1]

4. This is merely a punishment in this world. As far as the Hereafter is concerned, a person can only attain salvation if he repents and mends his ways. Repentance and the punishment of this world are not mutually exchangeable. Consequently, this punishment shall be administered even if a person repents and reforms himself, and after receiving this punishment in this world, he shall only be forgiven in the Hereafter if he repents and reforms himself.

(Javed Ahmed Ghamidi)

(Translated by Dr. Shehzad Saleem)

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[1]. Amin Ahsan Islahi,Tadabbur-i Qur’an, vol. 2, 512