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Amputation in Islamic Law: Difference between revisions
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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, [[Muhammad]] and the early generations of Muslims had no qualms with it being so. | 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. | ||
===How | ===How to qualify for the punishment=== | ||
{{Quote|1={{Bukhari|8|81|780}}, 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|8|81|780}}, 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."}} | ||
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{{Quote|1={{Bukhari|8|81|791}}, 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."}} | {{Quote|1={{Bukhari|8|81|791}}, 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 | ===Exceptions to the law=== | ||
Plundering is | Plundering is not considered to be thievery. | ||
{{Quote|1={{Abudawud|38|4378}}|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.}} | {{Quote|1={{Abudawud|38|4378}}|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.}} | ||
Allah needs all the hands he can get during times of war, so | Allah needs all the hands he can get during times of war, so they are not to be cut off during an expedition. | ||
{{Quote|1={{Abudawud|38|4394}}|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.}} | {{Quote|1={{Abudawud|38|4394}}|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.}} | ||
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Rafi' said to him: I 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. So Marwan gave orders to release the slave and then he was released.}} | Rafi' said to him: I 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. So Marwan gave orders to release the slave and then he was released.}} | ||
===Thieves | ===Thieves who repent must still be punished=== | ||
{{Quote|1={{Bukhari|8|81|779}}, See also: {{Bukhari|8|81|778}}, {{Muslim|17|4187}}, and {{Muslim|17|4189}} & {{Abudawud|38|4382}}|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!"}} | {{Quote|1={{Bukhari|8|81|779}}, See also: {{Bukhari|8|81|778}}, {{Muslim|17|4187}}, and {{Muslim|17|4189}} & {{Abudawud|38|4382}}|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!"}} | ||
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{{Quote|1={{Muslim|17|4190}}|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.}} | {{Quote|1={{Muslim|17|4190}}|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 | ===The habitual thief=== | ||
{{Quote|1={{Abudawud|38|4396}}|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. | {{Quote|1={{Abudawud|38|4396}}|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. | ||
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So we took him away and killed him. We then dragged him and cast him into a well and threw stones over him.}} | So we took him away and killed him. We then dragged him and cast him into a well and threw stones over him.}} | ||
===The | ===The thieving slave and Aisha=== | ||
{{Quote|1={{Muwatta|41|7|25}}|2=Yahya related to me from Malik from Abdullah ibn Abi Bakr ibn Hazim that Amra bint Abd ar-Rahman said, "A'isha, the wife of the Prophet, may Allah bless him and grant him peace, went out to Makka and she had two girl mawlas of hers and a slave belonging to the sons of Abdullah ibn Abi Bakr as-Siddiq . She sent a figured cloak with the two mawlas which was sewn up in a piece of green cloth." | {{Quote|1={{Muwatta|41|7|25}}|2=Yahya related to me from Malik from Abdullah ibn Abi Bakr ibn Hazim that Amra bint Abd ar-Rahman said, "A'isha, the wife of the Prophet, may Allah bless him and grant him peace, went out to Makka and she had two girl mawlas of hers and a slave belonging to the sons of Abdullah ibn Abi Bakr as-Siddiq . She sent a figured cloak with the two mawlas which was sewn up in a piece of green cloth." | ||
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*{{Muwatta|41|9|28-29}} | *{{Muwatta|41|9|28-29}} | ||
*{{Muwatta|41|10|30-31}} | *{{Muwatta|41|10|30-31}} | ||
*{{Muwatta|41|11|32-35}} | *{{Muwatta|41|11|32-35}} | ||
==Scholars== | ==Scholars== | ||