Amputation in Islamic Law: Difference between revisions

[[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. (''[[Images_-_Punishments|more graphic images]]'')]]

==In The Modern World==

In Somalia, one man found guilty of stealing was put on public display as his hand was severed at the wrist and then dangled by the index finger.<ref>[http://news.bbc.co.uk/2/hi/africa/8057179.stm Somali justice - Islamist-style by Mohamed Mohamed, BBC Somali Service - May 20, 2009]</ref> In June of the same year (2009), a court run by an Islamic group sentenced four Somali men to each have a hand and a leg cut off for allegedly stealing mobile phones and guns.<ref>[http://www.foxnews.com/story/0,2933,528139,00.html Islamic Extremists Sentence 4 Somalis to Amputations - Associated Press, FoxNews.com - June 22, 2009]</ref><ref>[http://www.javno.com/en-world/somali-islamists-amputate-teenagers-hands-legs_267541 Somali Islamists Amputate Teenagers` Hands, Legs - JAVNO, June 25, 2009]</ref>  In 2008, the Islamic Republic of Iran saw five double amputations in a single week--five convicted robbers were each sentenced to have their right hands and left feet amputated.<ref>[http://www.nytimes.com/2008/01/11/world/middleeast/11iran.html Spate of Executions and Amputations in Iran - Nazila Fathi, The New York Times - January 11, 2008]</ref>

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, Prophet [[Muhammad]] and the early generations of Muslims had no qualms with it being so.

{{Quote|1={{Muwatta|37|7|6a}}|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."}}

*{{Muwatta|41|8|26-27}}

*{{Muwatta|41|9|28-29}}

*{{Muwatta|41|10|30-31}}

*{{Muwatta|41|11|32-35}}

{{Quote|1=[http://www.tafsir.com/default.asp?sid=5&tid=13843 Repentance of the Thief is Acceptable]<BR>Tafsir Ibn Kathir|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,

*[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''  

[[Category:Islamic Law]]