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Qur'an, Hadith and Scholars:Amputation: Difference between revisions
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Qur'an, Hadith and Scholars:Amputation (view source)
Revision as of 12:03, 8 April 2021
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Amputation is one of the punishments (or حدود) proscribed by the [[Qur'an]] and the [[Sunnah]], in particular for the crime of theft. The insistence of the tradition on this punishment was likely a continuation of the Roman law from the Byzantine Empire. At the time of the compilation of the Qur'an this punishment had recently been rescinded by the code of Justinian, though this might not have been known by the author(s) of the Qur'an <ref>https://twitter.com/NaqadStudies/status/1316442397560246272</ref>. | |||
==Qur'an== | ==Qur'an== | ||
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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|{{Muwatta|41|8|26}}|Yahya related to me from Malik from Nafi that a slave of Abdullah ibn Umar stole while he was a runaway. Abdullah ibn Umar sent him to Said ibn al-As, who was the amir of Madina, to cut off his hand. Said refused to cut off his hand. He said, "The hand of a runaway slave is not cut off when he steals." Abdullah ibn Umar said to him, "In what Book of Allah did you find this?" Then Abdullah ibn Umar gave the order, and his hand was cut off.}} | {{Quote|{{Muwatta|41|8|26}}|Yahya related to me from Malik from Nafi that a slave of Abdullah ibn Umar stole while he was a runaway. Abdullah ibn Umar sent him to Said ibn al-As, who was the amir of Madina, to cut off his hand. Said refused to cut off his hand. He said, "The hand of a runaway slave is not cut off when he steals." Abdullah ibn Umar said to him, "In what Book of Allah did you find this?" Then Abdullah ibn Umar gave the order, and his hand was cut off.}} | ||
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==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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[[Category:QHS]] | [[Category:QHS]] | ||
[[Category:Hudud (punishments)]] | |||
<references /> | |||
[[Category:Fiqh (legal theory)]] | |||
[[Category:Shariah (Islamic Law)]] | |||