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wa-s-sāriqu wa-s-sāriqatu fa-qṭaʿū ʾaydiyahumā jazāʾan bi-mā kasabā nakālan mina llāhi wa-llāhu ʿazīzun ḥakīmun
As for the thief, man or woman, cut off their hands as a requital for what they have earned. [That is] an exemplary punishment from Allah, and Allah is all-mighty, all-wise.
— Ali Quli Qarai
Surah Al-Ma'idah, Verse 38
38. "As for the thief, both male and female, cut off their hands as a recompense for what they have earned. It is an exemplary punishment from Allah; and Allah is the Mighty, the Wise."
In this verse, at first, the Qur'an refers to the male thief and then to the female thief. But in Surah An-Nur, verse 2, where the ordinance of fornication has been stated, at first, the Qur'an refers to the 'adulteress' and then to the 'adulterer'. The reason of it may be the fact that the function of man in theft is more effective than that of a woman, and in fornication the function of the woman is more effective.
About one thousand years ago, it happened that the Late Sayyid Murtada 'Alam-ul-Huda, a well-known Muslim scholar, once was asked why the hand, which deserves five hundred 'mithghal' (a weight equivalent to 5 grams) gold as 'compensation for an injury', should be cut off because of the theft of one fourth 'mithghal' gold. He answered: "Trustworthiness promotes the value of the hand, and treachery decreases its value." According to some Islamic traditions, the standard of cutting off the hand, for this compensation, is four fingers, so that the thumb and palm should be left safe. The amount of finance for which the hand of a thief must be cut off is at least equivalent to the price of one fourth mithghal gold.
That wealth should have been kept in a protected place, not in a common place like an inn, a public bath, a mosque and the like. The wealth ought to be given back to its owner, too, after the execution of the legal decision. Also, the thief should be aware of the law of cutting off the hand. Otherwise, his/her hand will not be cut off. Again, the hand of a thief will not be cut off if the thief steals the wealth of his/her partner, or steals some food stuff under necessity in the years of scarcity, and the like.
Similarly, the hand of a thief will not be cut off when the theft is done by a father from his child's property, a slave from his master's wealth, a mad and a person not arrived at puberty, or the one who had thought he had the right of taking the property. There are, of course, some other retribution in all these conditions wherein the hand will not be cut off. The holy Prophet (S) in a tradition said that the worst kind of larceny is stealing from prayer and performing its bowing and prostration imperfect.2 In the statements of some Islamic saints, it has also been protested why it happens that some Muslims commit larceny in the holy phrase: /bismillah.-ir-rahman-ir-rahim/ when they recite Surah Al-Hamd.
Cutting off the hand is for the first stage of theft. For the second time, the left leg will be cut off. For the third time, the retribution is life imprisonment, and annihilation is for the fourth time. 3
Explanations
1. To cut off the hand is the only heavy withholding compensation and retribution of theft.
2. In executing Allah's bounds, we must not be affected by sympathy and kind feelings.
3. Besides cutting off the hand, the thief is responsible for the property, too.
4. The execution of these ordinances needs: rule, force, system, and organizations. Thus, Islam is a religion of government and policy.
5. Poverty is not all excuse or permission for larceny. Islam, before cutting off the hand, emphasizes on the importance and necessity of job and running the lives of the poor by the way of Muslim public treasury, near relatives, loan without interest, cooperation, and the like. 4
6. The Divine retributions are not counted as revenge, but they are to be as withholding.
Footnotes