Islam questions and answers

Hitting Ones wife


https://islamqa.info/en/41199





A brief look at Prophet Jesus (peace be upon him)


https://islamqa.info/en/10277



The Necessity of Cutting off the Hand of the Thief



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. 



When Does Cutting the Hand of the Thief Become Necessary


 In is recorded in the Two Sahihs that Abu Hurayrah said that the Messenger of Allah said, n


«لَعَنَ اللهُ السَّارِقَ يَسْرِقُ الْبَيْضَةَ فَتُقْطَعُ يَدُهُ، وَيَسْرِقُ الْحَبْلَ فَتُقْطَعُ يَدُه»


(May Allah curse the thief who steals an egg and as a result his hand is cut off, and who steals rope and as a result his hand is cut off.) Al-Bukhari and Muslim recorded that `A'ishah said that the Messenger of Allah said,


«تُقْطَعُ يَدُ السَّارِقِ فِي رُبْعِ دِينَارٍ فَصَاعِدًا»


(The hand of the thief shall be cut off if he steals a quarter of a Dinar or more.) Muslim recorded that `A'ishah, may Allah be pleased with her, said that the Messenger of Allah said,


«لَا تُقْطَعُ يَدُ السَّارقِ إِلَّا فِي رُبْعِ دِينارٍ فَصَاعِدًا»


(The hand of the thief shall only be cut off if he steals a quarter of a Dinar or more.) This Hadith is the basis of the matter since it specifies (that the least amount of theft that deserves cutting the hand) is a quarter of a Dinar. So this Hadith fixes the value. And saying that it is three Dirhams is not a contradiction. This is because the Dinar in question was equal to twelve Dirhams, so three Dirhams equalled a fourth of a Dinar. So in this way it is possible to harmonize these two views. This opinion was reported from `Umar bin Al-Khattab, `Uthman bin `Affan,



Repentance of the Thief is Acceptable



Allah said next,


[فَمَن تَابَ مِن بَعْدِ ظُلْمِهِ وَأَصْلَحَ فَإِنَّ اللَّهَ يَتُوبُ عَلَيْهِ إِنَّ اللَّهَ غَفُورٌ رَّحِيمٌ ]


(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,


«اقْطَعُوا يَدَهَا»


(Cut off her hand.) They said, "We ransom her with five hundred Dinars.'' The Prophet said,


«اقْطَعُوا يَدَهَا»


(Cut off her hand.) Her right hand was cut off and the woman asked, "O Messenger of Allah! Is there a chance for me to repent'' He said,


«نَعَمْ أَنْتِ الْيَوْمَ مِنْ خَطِيئَتِكِ كَيَوْمَ وَلَدَتْكِ أُمُّك»


(Yes. This day, you are free from your sin just as the day your mother gave birth to you.) Allah sent down the verse in Surat Al-Ma'idah,


[فَمَن تَابَ مِن بَعْدِ ظُلْمِهِ وَأَصْلَحَ فَإِنَّ اللَّهَ يَتُوبُ عَلَيْهِ إِنَّ اللَّهَ غَفُورٌ رَّحِيمٌ ]


(But whosoever repents after his crime and does righteous good deeds (by obeying Allah), then verily, Allah will pardon him. Verily, Allah is Oft-Forgiving, Most Merciful.) This woman was from the tribe of Makhzum. Her story was narrated in the Two Sahihs from Az-Zuhri from `Urwah from `A'ishah, The incident caused concern for the Quraysh after she committed the theft during the time of the battle of the Conquest [of Makkah]. They said, "Who can talk to Allah's Messenger about her matter'' They then said, "Who dares speak to him about such matters other than Usamah bin Zayd, his loved one.'' When the woman was brought to the Messenger of Allah , Usamah bin Zayd talked to him about her and the face of the Messenger changed color (because of anger) and he said,


«أَتَشْفَعُ فِي حَدَ مِنْ حُدُودِ اللهِ عَزَّ وَجَلَّ؟»


(Do you intercede in a punishment prescribed by Allah) Usamah said to him, "Ask Allah to forgive me, O Allah's Messenger!'' During that night, the Messenger of Allah stood up and gave a speech and praised Allah as He deserves to be praised. He then said,


«أَمَّا بَعْدُ فَإِنَّمَا أَهْلَكَ الَّذِينَ مِنْ قَبْلِكُمْ أَنَّهُمْ كَانُوا إِذَا سَرَقَ فِيهِمُ الشَّرِيفُ تَرَكُوهُ، وَإِذَا سَرَقَ فِيهِمُ الضَّعِيفُ أَقَامُوا عَلَيْهِ الْحَدَّ، وَإِنِّي وَالَّذِي نَفْسِي بِيَدِهِ لَوْ أَنَّ فَاطِمَةَ بِنْتَ مُحَمَّدٍ سَرَقَتْ لَقَطَعْتُ يَدَهَا»


(Those who were before you were destroyed because when an honorable person among them would steal, they would leave him. But, when a weak man among them stole, they implemented the prescribed punishment against him. By Him in Whose Hand is my soul! If Fatimah the daughter of Muhammad stole, I will have her hand cut off.) The Prophet commanded that the hand of the woman who stole be cut off, and it was cut off. `A'ishah said, `Her repentance was sincere afterwards, and she got married and she used to come to me so that I convey her needs to the Messenger of Allah.'' This is the wording that Muslim collected, and in another narration by Muslim, `A'ishah said, "She was a woman from Makhzum who used to borrow things and deny that she took them. So the Prophet ordered that her hand be cut off.'' Allah then said,


[أَلَمْ تَعْلَمْ أَنَّ اللَّهَ لَهُ مُلْكُ السَّمَـوَتِ وَالأَرْضِ]


(Know you not that to Allah (Alone) belongs the dominion of the heavens and the earth!) He owns everything and decides what He wills for it and no one can resist His judgment,


[فَيَغْفِرُ لِمَن يَشَآءُ وَيُعَذِّبُ مَن يَشَآءُ وَاللَّهُ عَلَى كُلِّ شَيْءٍ قَدِيرٌ]


(He forgives whom He wills and punishes whom He wills. And Allah is able to do all things.)


[يأَيُّهَا الرَّسُولُ لاَ يَحْزُنكَ الَّذِينَ يُسَارِعُونَ فِى الْكُفْرِ مِنَ الَّذِينَ قَالُواْ ءامَنَّا بِأَفْوهِهِمْ وَلَمْ تُؤْمِن قُلُوبُهُمْ وَمِنَ الَّذِينَ هِادُواْ سَمَّـعُونَ لِلْكَذِبِ سَمَّـعُونَ لِقَوْمٍ ءاخَرِينَ لَمْ يَأْتُوكَ يُحَرّفُونَ الْكَلِمَ مِن بَعْدِ مَوضِعِهِ يَقُولُونَ إِنْ أُوتِيتُمْ هَـذَا فَخُذُوهُ وَإِن لَّمْ تُؤْتَوْهُ فَاحْذَرُواْ وَمَن يُرِدِ اللَّهُ فِتْنَتَهُ فَلَن تَمْلِكَ لَهُ مِنَ اللَّهِ شَيْئاً أُوْلَـئِكَ الَّذِينَ لَمْ يُرِدِ اللَّهُ أَن يُطَهّرَ قُلُوبَهُمْ لَهُمْ فِى الدُّنْيَا خِزْىٌ وَلَهُمْ فِى الاْخِرَةِ عَذَابٌ عَظِيمٌ سَمَّـعُونَ لِلْكَذِبِ أَكَّـلُونَ لِلسُّحْتِ فَإِن جَآءوكَ فَاحْكُمْ بَيْنَهُمْ أَوْ أَعْرِضْ عَنْهُمْ وَإِن تُعْرِضْ عَنْهُمْ فَلَن يَضُرُّوكَ شَيْئاً وَإِنْ حَكَمْتَ فَاحْكُم بَيْنَهُم بِالْقِسْطِ إِنَّ اللَّهَ يُحِبُّ الْمُقْسِطِينَ وَكَيْفَ يُحَكّمُونَكَ وَعِندَهُمُ التَّوْرَاةُ فِيهَا حُكْمُ اللَّهِ ثُمَّ يَتَوَلَّوْنَ مِن بَعْدِ ذلِكَ وَمَآ أُوْلَـئِكَ بِالْمُؤْمِنِينَ إِنَّآ أَنزَلْنَا التَّوْرَاةَ فِيهَا هُدًى وَنُورٌ يَحْكُمُ بِهَا النَّبِيُّونَ الَّذِينَ أَسْلَمُواْ لِلَّذِينَ هَادُواْ وَالرَّبَّانِيُّونَ وَالاْحْبَارُ بِمَا اسْتُحْفِظُواْ مِن كِتَـبِ اللَّهِ وَكَانُواْ عَلَيْهِ شُهَدَآء فَلاَ تَخْشَوُاْ النَّاسَ وَاخْشَوْنِ وَلاَ تَشْتَرُواْ بِـئَايَـتِى ثَمَناً قَلِيلاً وَمَن لَّمْ يَحْكُم بِمَآ أَنزَلَ اللَّهُ فَأُوْلَـئِكَ هُمُ الْكَـفِرُونَ]


(41. O Messenger! Let not those who hurry to fall into disbelief grieve you, of such who say, "We believe'' with their mouths but their hearts have no faith. And of the Jews are men who listen much and eagerly to lies, listening to others who have not come to you. They change the words from their places; they say, "If you are given this, take it, but if you are not given this, then beware!'' And whomsoever Allah wants to put in Fitnah, you can do nothing for him against Allah. Those are the ones whose hearts Allah does not want to purify; for them there is a disgrace in this world, and in the Hereafter a great torment.) (42. They (like to) listen to falsehood, to devour Suht. So if they come to you, either judge between them, or turn away from them. If you turn away from them, they cannot hurt you in the least. And if you judge, judge with justice between them. Verily, Allah loves those who act justly.) (43. But how do they come to you for a decision while they have the Tawrah, in which is the decision of Allah; yet even after that they turn away. For they are not believers.) (44. Verily, We did send down the Tawrah, therein was guidance and light, by which the Prophets who submitted themselves to Allah's will, judged for the Jews. And the Rabbaniyyun and the Ahbar, for to them was entrusted the protection of Allah's Book, and they were witnesses thereto. Therefore fear not men but fear Me and sell not My verses for a miserable price. And whosoever does not judge by what Allah has revealed, such are the disbelievers.)








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