The truth is what Islam came with the notion that the world is a pace of test,
were one strives with sincerity in order to achieve the ultimate goal eternal bliss
in paradise and the pleasure of Allah, and save himself from eternal punishment
and displeasure, anger and wrath of Allah through disbelief and bad deeds.Islam also teaches that Allah is All-Knowing and All-Wise, he does not oppress
and is aware of the good doers whom he draws near to and loves and the
evildoers who he is far from and earn his displeasure.Glory be to Allah the Lord of the World and the guider to the straight path.And from the enemies of Islam: we often find this question being posed:Islamic law orders the cutting of the hand of the thief and the stoning of the
adulterer, are these punishment not harsh and tough?Before explaining the Islamic position one should understand that whoever believes
in Allah as is Lord, Muhammad as his Messenger and Islam as his religion submits
himself completely to the will of Allah, he does not question aspects of the religion
that have been rigorously authenticated as being absolutely true and authentic,
regardless of what that issue refers to punishments or an act of worship.
To clarify who is the thief who’s is eligible for this punishment.
In an Islamic state, "every individual is entitled to social security collected from
various sources including the obligatory collection of the Alms tax" and "the basic
needs of all citizens are adequately met" because according to a saying of the
prophet, every son of Adam is entitled to food, clothing and shelter.” It is only after
the state discharges its own duty that it can impose the penalty on a thief,who
selfishly intrudes on the rights of others despite being provided with all the basic
amenities of life. Hence "if a citizen is forced by circumstances (e.g. poverty)...the
society will be considered at fault and no penal punishment will be given to the
accused". It was in this light that the second Caliph Umar, who was well known for
his "strict rigidity in enforcing the rules of Islamic Law", waived the cutting off the
hand for theft during a period of famine.
Even with that restrictive definition of theft, "all elements of the crime must be
committed by one person” and all the definitional elements of theft must be there
such as the following: 1) it is committed intentionally by a sane and mature person
who is not driven by force of circumstances (e.g. poverty) 2) the property must
lawfully belong to another and have some value, that the value of the stolen
property reaches a minimum value of 3 or 10 dirham’s and the property must have
been taken from a sufficiently 'safe' place or proximity suitable for the safety of the
object and 3) the act of stealing must be attested by at least two witnesses who
physically saw the crime being committed.
By looking at the socio-economic and legal contexts of the amputation of hand for
theft, the 'deterrent' nature of the punishment for theft could be better appreciated.