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Amputation in Islamic Law: Difference between revisions
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[[Image:Hands-cut.jpg|right|thumb|150px|As punishment for theft, {{Quran|5|38}} asks Muslims to "cut off his or her hands". This particular punishment was carried out in the Taliban-era Afghanistan. | {{#seo: | ||
|title=Amputation in Islamic Law | |||
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[[Image:Hands-cut.jpg|right|thumb|150px|As punishment for theft, {{Quran|5|38}} asks Muslims to "cut off his or her hands". This particular punishment was carried out in the Taliban-era Afghanistan.]] | |||
==Definition== | ==Definition== | ||
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==Hadith== | ==Hadith== | ||
While the majority of Muslim translators have remained true to the Arabic text, many apologists have attempted to obscure the plain meaning of {{Quran|5|38}}. However, the [[hadith]] prove its meaning is entirely literal. Furthermore, | While the majority of Muslim translators have remained true to the Arabic text, many apologists have attempted to obscure the plain meaning of {{Quran|5|38}}. However, the [[hadith]] prove its meaning is entirely literal. Furthermore, [[Muhammad]] and the early generations of Muslims had no qualms with it being so. | ||
===How to qualify for the punishment=== | ===How to qualify for the punishment=== | ||
{{Quote|1={{Bukhari| | {{Quote|1={{Bukhari|||6789|darussalam}}, See also: {{Bukhari|8|81|781-782}}, {{Muslim|17|4175-4180}}, and {{Muwatta|41|7|24}}|2=Narrated 'Aisha: The Prophet said, "The hand should be cut off for stealing something that is worth a quarter of a Dinar or more."}} | ||
{{Quote|1={{Bukhari| | {{Quote|1={{Bukhari|||6792|darussalam}}, See also: {{Bukhari|8|81|784-786}}, and {{Muslim|17|4181-4182}}|2=Narrated 'Aisha: The hand of a thief was not cut off during the lifetime of the Prophet except for stealing something equal to a shield in value.}} | ||
{{Quote|1={{Bukhari| | {{Quote|1={{Bukhari|||6795|darussalam}}, See also: {{Bukhari|8|81|788-790}}, {{Muslim|17|4183-4184}} and {{Muwatta|41|7|21}}|2=Narrated Ibn 'Umar: Allah's Apostle cut off the hand of a thief for stealing a shield that was worth three Dirhams.}} | ||
{{Quote|1={{Bukhari| | {{Quote|1={{Bukhari|||6799|darussalam}}, See also: {{Muslim|18|4185-4186}}|2=Narrated Abu Huraira: Allah 's Apostle said, "Allah curses the thief who steals an egg (or a helmet) for which his hand is to be cut off, or steals a rope, for which his hand is to be cut off."}} | ||
===Exceptions to the law=== | ===Exceptions to the law=== | ||
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Plundering is not considered to be thievery. | Plundering is not considered to be thievery. | ||
{{Quote|1={{ | {{Quote|1={{Abu Dawud||4391|darussalam}}|2=Narrated Jabir ibn Abdullah: The Prophet (peace_be_upon_him) said: Cutting of hand is not to be inflicted on one who plunders, but he who plunders conspicuously does not belong to us.}} | ||
Able-bodied men are needed during times of war, so hands are not to be cut off during an expedition. | Able-bodied men are needed during times of war, so hands are not to be cut off during an expedition. | ||
{{Quote|1={{ | {{Quote|1={{Abu Dawud||4408|darussalam}}|2=Narrated Busr ibn Artat: Junadah ibn AbuUmayyah said: We were with Busr ibn Artat on the sea (on an expedition). A thief called Misdar who had stolen a bukhti she-camel was brought. He said: I heard the Apostle of Allah (peace_be_upon_him) say: Hands are not to be cut off during a warlike expedition. Had it not been so, I would have cut it off.}} | ||
Amputation not needed for thieves who steal fruit. | Amputation not needed for thieves who steal fruit. | ||
{{Quote|1={{ | {{Quote|1={{Abu Dawud||4388|darussalam}}|2=Narrated Rafi' ibn Khadij: Muhammad ibn Yahya ibn Hibban said: A slave stole a plant of a palm-tree from the orchard of a man and planted it in the orchard of his master. The owner of the plant went out in search of the plant and he found it. He solicited help against the slave from Marwan ibn al-Hakam who was the Governor of Medina at that time. Marwan confined the slave and intended to cut off his hand. The slave's master went to Rafi' ibn Khadij and asked him about it. | ||
He told him that he had heard the Apostle of Allah (peace_be_upon_him) say: The hand is not to be cut off for taking fruit or the pith of the palm-tree. | He told him that he had heard the Apostle of Allah (peace_be_upon_him) say: The hand is not to be cut off for taking fruit or the pith of the palm-tree. | ||
The man then said: Marwan has seized my slave and wants to cut off his hand. I wish you to go with me to him and tell him that which you have heard from the Apostle of Allah (peace_be_upon_him). So Rafi' ibn Khadij went with him and came to Marwan ibn al-Hakam. | The man then said: Marwan has seized my slave and wants to cut off his hand. I wish you to go with me to him and tell him that which you have heard from the Apostle of Allah (peace_be_upon_him). So Rafi' ibn Khadij went with him and came to Marwan ibn al-Hakam. | ||
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===Thieves who repent must still be punished=== | ===Thieves who repent must still be punished=== | ||
{{Quote|1={{Bukhari| | {{Quote|1={{Bukhari|||6788|darussalam}}, See also: {{Bukhari|||6787|darussalam}}, {{Muslim||1688a|reference}}, and {{Muslim||1688c|reference}} & {{Abu Dawud||4396|darussalam}}|2=Narrated 'Aisha: The Quraish people became very worried about the Makhzumiya lady who had committed theft. They said, "Nobody can speak (in favor of the lady) to Allah's Apostle and nobody dares do that except Usama who is the favorite of Allah's Apostle. " When Usama spoke to Allah's Apostle about that matter, Allah's Apostle said, "Do you intercede (with me) to violate one of the legal punishment of Allah?" Then he got up and addressed the people, saying, "O people! The nations before you went astray because if a noble person committed theft, they used to leave him, but if a weak person among them committed theft, they used to inflict the legal punishment on him. By Allah, if Fatima, the daughter of Muhammad committed theft, Muhammad will cut off her hand!"}} | ||
Story continued in {{Muslim| | Story continued in {{Muslim||1688b|reference}} and {{Bukhari|||6800|darussalam}}... | ||
{{Quote|2=He (the Holy Prophet) then commanded about that woman who had committed theft, and her hand was cut off. 'A'isha (further) said: Hers was a good respentance, and she later on married and used to come to me after that, and I conveyed her needs (and problems) to Allah's Messenger (may peace be upon him).}} | {{Quote|2=He (the Holy Prophet) then commanded about that woman who had committed theft, and her hand was cut off. 'A'isha (further) said: Hers was a good respentance, and she later on married and used to come to me after that, and I conveyed her needs (and problems) to Allah's Messenger (may peace be upon him).}} | ||
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Here the story is confirmed by yet another narrator: | Here the story is confirmed by yet another narrator: | ||
{{Quote|1={{Muslim| | {{Quote|1={{Muslim||1689|reference}}|2=Jaibir reported that a woman from the tribe of Makhzum committed theft. She was brought to Allah's Apostle (may peace be upon him) and she sought refuge (intercession) from Umm Salama, the wife of Allah's Apostle (may peace be upon him). Thereupon Allah's Apostle (may peace be upon him) said: By Allah, even if she were Fatima, I would have her hand cut off. And thus her hand was cut off.}} | ||
===The habitual thief=== | ===The habitual thief=== | ||
{{Quote|1={{ | {{Quote|1={{Abu Dawud||4410|darussalam}}|2=Narrated Jabir ibn Abdullah: A thief was brought to the Prophet (peace_be_upon_him). He said: Kill him. The people said: He has committed theft, Apostle of Allah! Then he said: Cut off his hand. So his (right) hand was cut off. He was brought a second time and he said: Kill him. The people said: He has committed theft, Apostle of Allah! Then he said: Cut off his foot. | ||
So his (left) foot was cut off. | So his (left) foot was cut off. | ||
He was brought a third time and he said: Kill him. | He was brought a third time and he said: Kill him. | ||
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===Miscellaneous=== | ===Miscellaneous=== | ||
{{Quote|1={{ | {{Quote|1={{Abu Dawud||4411|darussalam}}|2=Narrated Fadalah ibn Ubayd: A thief was brought to the Apostle of Allah (peace_be_upon_him) and his hand was cut off. Thereafter he commanded for it, and it was hung on his neck.}} | ||
{{Quote|1={{ | {{Quote|1={{Abu Dawud||4380|darussalam}}|2=Narrated AbuUmayyah al-Makhzumi: A thief who had accepted (having committed theft) was brought to the Prophet (peace_be_upon_him), but no good were found with him. The Apostle of Allah (peace_be_upon_him), said to him: I do not think you have stolen. He said: Yes, I have. He repeated it twice or thrice. So he gave orders. His hand was cut off and he was then brought to him. He said: Ask Allah's pardon and turn to Him in repentance. He said: I ask Allah's pardon and turn to Him in repentance. He (the Prophet) then said: O Allah, accept his repentance.}} | ||
{{Quote|1={{ | {{Quote|1={{Abu Dawud||4386|darussalam}}, See also: {{Abu Dawud||4387|darussalam}}|2=Narrated Abdullah ibn Umar: The Prophet (peace_be_upon_him) had a man's hand cut off who had stolen from the place reserved for women a shield whose price was three dirhams.}} | ||
{{Quote|1={{ | {{Quote|1={{Abu Dawud||4390|darussalam}}|2=Narrated Abdullah ibn Amr ibn al-'As: The Apostle of Allah (peace_be_upon_him) was asked about fruit which was bung up and said: If a needy person takes some with his mouth and does not take a supply away in his garment, there is nothing on him, but he who carries any of it is to be fined twice the value and punished, and he who steals any of it after it has been put in the place where dates are dried to have his hand cut off if their value reaches the value of a shield. If he steals a thing less in value than it, he is to be find twice the value and punished.}} | ||
{{Quote|1={{Muwatta|41|7|22}}|2=Yahya related to me from Malik from Abdullah ibn Abd ar-Rahman abu Husayn al-Makki that the Messenger of Allah, may Allah bless him and grant him peace, said, "The hand is not cut off for fruit hanging on the tree and for sheep kept in the mountains. So when they are taken from the fold or the place where the fruit is dried, a hand is cut off for whatever reaches the price of a shield."}} | {{Quote|1={{Muwatta|41|7|22}}|2=Yahya related to me from Malik from Abdullah ibn Abd ar-Rahman abu Husayn al-Makki that the Messenger of Allah, may Allah bless him and grant him peace, said, "The hand is not cut off for fruit hanging on the tree and for sheep kept in the mountains. So when they are taken from the fold or the place where the fruit is dried, a hand is cut off for whatever reaches the price of a shield."}} | ||
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{{Quote|1={{Muwatta|41|7|23}}|2=Yahya related to me from Malik from Abdullah ibn Abi Bakr from his father from Amra bint Abd ar-Rahman that a thief stole a citron in the time of Uthman Uthman ibn Affan ordered its value to be estimated and it was estimated at three dirhams at the rate of exchange of twelve dirhams for the dinar, so Uthman cut off his hand.}} | {{Quote|1={{Muwatta|41|7|23}}|2=Yahya related to me from Malik from Abdullah ibn Abi Bakr from his father from Amra bint Abd ar-Rahman that a thief stole a citron in the time of Uthman Uthman ibn Affan ordered its value to be estimated and it was estimated at three dirhams at the rate of exchange of twelve dirhams for the dinar, so Uthman cut off his hand.}} | ||
{{Quote|1={{Muwatta|37|7| | {{Quote|1={{Muwatta|37|7|6}}|2="...when a thief steals goods, only their price on the day he stole them is looked at. If cutting off the hand is necessary because of it, that is done. If the cutting off is delayed, either because the thief is imprisoned until his situation is examined or he flees and then is caught, the delay of the cutting off of the hand does not make the hadd, which was obliged for him on the day he stole, fall from him even if those goods become cheap after that. Nor does delay oblige cutting off the hand if it was not obliged on the day he took those goods, even if they become expensive after that."}} | ||
'''Malik's Muwatta contains many more ahadith regarding amputation laws:''' | '''Malik's Muwatta contains many more ahadith regarding amputation laws:''' | ||
*{{Muwatta|41|8|26-27}} | |||
*{{Muwatta|41|9|28-29}} | * | ||
*{{Muwatta|41|10|30-31}} | {{Muwatta|41|8|26-27}} | ||
*{{Muwatta|41|11|32-35}} | |||
* | |||
{{Muwatta|41|9|28-29}} | |||
* | |||
{{Muwatta|41|10|30-31}} | |||
* | |||
{{Muwatta|41|11|32-35}} | |||
==Scholars== | ==Scholars== | ||
===Origins of the punishment among the pagan Arabs=== | |||
{{Quote|1=[http://www.qtafsir.com/index.php?option=com_content&task=view&id=780&Itemid=60 The Necessity of Cutting off the Hand of the Thief]<BR>Tafsir Ibn Kathir on verse 5:38|2=Allah commands and decrees that the hand of the thief, male or female be cut off. During the time of Jahiliyyah, this was also the punishment for the thief, and Islam upheld this punishment. In Islam, there are several conditions that must be met before this punishment is carried out, as we will come to know, Allah willing. There are other rulings that Islam upheld after modifying these rulings, such as that of blood money for example.}} | |||
===Is the repentance of a thief acceptable?=== | ===Is the repentance of a thief acceptable?=== | ||
{{Quote|1=[http://www. | {{Quote|1=[http://www.qtafsir.com/index.php?option=com_content&task=view&id=778&Itemid=60 Repentance of the Thief is Acceptable]<BR>Tafsir Ibn Kathir on verse 5:38|2=(But whosoever repents after his crime and does righteous good deeds, then verily, Allah will pardon him. Verily, Allah is Oft-Forgiving, Most Merciful.) Therefore, whoever repents and goes back to Allah after he commits theft, then Allah will forgive him. Imam Ahmad recorded that `Abdullah bin `Amr said that a woman committed theft during the time of the Messenger of Allah and those from whom she stole brought her and said, "O Allah's Messenger! This woman stole from us.'' Her people said, "We ransom her." The Messenger of Allah said, | ||
(Cut off her hand.) They said, "We ransom her with five hundred Dinars." The Prophet said, | (Cut off her hand.) They said, "We ransom her with five hundred Dinars." The Prophet said, | ||
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==External Links== | ==External Links== | ||
*[http://www.hraicjk.org/thievery_and_prophet_muhammad.html Thievery and Prophet Muhammad] | *[http://www.hraicjk.org/thievery_and_prophet_muhammad.html Thievery and Prophet Muhammad] | ||
*[http://www.answering-islam.org/Authors/Arlandson/hands_off.htm Thieves, give Muhammad a hand!] | *[http://www.answering-islam.org/Authors/Arlandson/hands_off.htm Thieves, give Muhammad a hand!] | ||
===News=== | ===News=== | ||
*[http://www.rawa.org/reports3.html Reports from Fundamentalism-stricken Afghanistan] ''- RAWA.org'' | *[http://www.rawa.org/reports3.html Reports from Fundamentalism-stricken Afghanistan] ''- RAWA.org'' | ||
*[http://news.bbc.co.uk/2/hi/africa/2587039.stm Eyewitness: Nigeria's Sharia amputees] ''- BBC News, December 19, 2002'' | *[http://news.bbc.co.uk/2/hi/africa/2587039.stm Eyewitness: Nigeria's Sharia amputees] ''- BBC News, December 19, 2002'' | ||
*[http://news.bbc.co.uk/2/hi/in_depth/7235357.stm Incorporating Sharia into legal systems] - BBC News - February 8, 2008 | *[http://news.bbc.co.uk/2/hi/in_depth/7235357.stm Incorporating Sharia into legal systems] - BBC News - February 8, 2008 | ||
*[http://www.breitbart.com/article.php?id=CNG.fcd3ca22ebdbeb6aedf8bd96251aff7c.551&show_article=1 Iranian chocolate thief 'to have hand chopped off']'' - AFP, October 16, 2010'' | *[http://www.breitbart.com/article.php?id=CNG.fcd3ca22ebdbeb6aedf8bd96251aff7c.551&show_article=1 Iranian chocolate thief 'to have hand chopped off']'' - AFP, October 16, 2010'' | ||
*[http://www.asianews.it/news-en/More-hands-amputated-in-Iran-19839.html More hands amputated in Iran] ''- Seven people lost a hand to set an “example” for other convicts'' | *[http://www.asianews.it/news-en/More-hands-amputated-in-Iran-19839.html More hands amputated in Iran] ''- Seven people lost a hand to set an “example” for other convicts'' | ||
*[http://www.dailymail.co.uk/news/article-1331789/Sharia-lessons-pupils-aged-BBC-uncovers-weekend-schools.html#ixzz15zhbIrbV Sharia lessons for pupils aged six: BBC uncovers 'weekend schools' that teach pupils how to hack off thieves' hands] ''- James Slack, The Daily Mail, November 22, 2010'' | *[http://www.dailymail.co.uk/news/article-1331789/Sharia-lessons-pupils-aged-BBC-uncovers-weekend-schools.html#ixzz15zhbIrbV Sharia lessons for pupils aged six: BBC uncovers 'weekend schools' that teach pupils how to hack off thieves' hands] ''- James Slack, The Daily Mail, November 22, 2010'' | ||
*[http://www.webcitation.org/query?url=http%3A%2F%2Fwww.mareeg.com%2Ffidsan.php%3Fsid%3D18724%26tirsan%3D3&date=2011-02-12 AL-Shabab cuts young boy's hand In El-bur district]'' - MareegOnline, 2011'' | *[http://www.webcitation.org/query?url=http%3A%2F%2Fwww.mareeg.com%2Ffidsan.php%3Fsid%3D18724%26tirsan%3D3&date=2011-02-12 AL-Shabab cuts young boy's hand In El-bur district]'' - MareegOnline, 2011'' | ||
*[http://www.washingtonpost.com/blogs/worldviews/wp/2014/02/28/syrian-extremists-amputated-a-mans-hand-and-live-tweeted-it/ Syrian extremists amputated a man’s hand and live-tweeted it] '' - The Washington Post, February 28, 2014'' ([http://www.liveleak.com/view?i=de2_1393694098 watch the video]) | *[http://www.washingtonpost.com/blogs/worldviews/wp/2014/02/28/syrian-extremists-amputated-a-mans-hand-and-live-tweeted-it/ Syrian extremists amputated a man’s hand and live-tweeted it] '' - The Washington Post, February 28, 2014'' ([http://www.liveleak.com/view?i=de2_1393694098 watch the video]) | ||
===Videos=== | ===Videos=== | ||
*[http://www.break.com/usercontent/2009/1/amn-645139.html Amputations and Sharia Law] | *[http://www.break.com/usercontent/2009/1/amn-645139.html Amputations and Sharia Law] | ||
*[http://atlasshrugs2000.typepad.com/atlas_shrugs/2009/07/sharia-law-this-is-what-god-said.html Sharia Law And Forced Amputations In Nigeria: "This is What God Said"] | *[http://atlasshrugs2000.typepad.com/atlas_shrugs/2009/07/sharia-law-this-is-what-god-said.html Sharia Law And Forced Amputations In Nigeria: "This is What God Said"] | ||
*[http://www.apostatesofislam.com/media/handcutting.htm Cutting of hands and feet] | *[http://www.apostatesofislam.com/media/handcutting.htm Cutting of hands and feet] | ||
*[http://www.liveleak.com/view?i=de2_1393694098 GRAPHIC - Syria - ISIS terrorists struggle to cut off man's hand] (March 2014) - (see [http://www.washingtonpost.com/blogs/worldviews/wp/2014/02/28/syrian-extremists-amputated-a-mans-hand-and-live-tweeted-it/ related news report]) | *[http://www.liveleak.com/view?i=de2_1393694098 GRAPHIC - Syria - ISIS terrorists struggle to cut off man's hand] (March 2014) - (see [http://www.washingtonpost.com/blogs/worldviews/wp/2014/02/28/syrian-extremists-amputated-a-mans-hand-and-live-tweeted-it/ related news report]) | ||
==References== | ==References== | ||
{{reflist}} | {{reflist}} | ||
[[Category:Islamic Law]] | [[Category:Shariah (Islamic Law)]] | ||
[[Category: | [[Category:Hudud (punishments)]] | ||
[[Category:Criticism of Islam]] | |||
[[Category:Human rights]] | |||