Textual Analysis

The noble hadith from the Mother of Believers 'A'isha (may Allah be pleased with her) establishes the minimum threshold for the application of hand amputation in theft. The Prophet (peace be upon him) explicitly stated that the punishment is not applied for anything less than a quarter dinar, which represents a significant value.

Legal Threshold (Nisab)

Scholars have determined through consensus that a quarter dinar in the Prophet's time was equivalent to three dirhams of pure silver. This establishes the nisab (minimum amount) for which hand amputation becomes obligatory. The wisdom behind this threshold is to distinguish between petty theft and serious theft that threatens societal security.

Contemporary scholars have calculated this value based on the silver content, with most classical jurists establishing the equivalent value as approximately 2.975 grams of pure silver or its market value in contemporary currency.

Conditions for Application

Jurists have derived from this hadith and other texts that several conditions must be met before implementing this punishment: the stolen property must reach the prescribed value; it must be taken from a secure location (hirz); the thief must be a sane adult; and there must be clear evidence of theft.

The punishment is not applied in cases of doubt (shubha), such as when there is dispute over ownership or when the thief is in extreme need of basic sustenance.

Divine Wisdom

This prescribed punishment serves as both a deterrent and a means of purification for the thief. The severity of the punishment reflects the seriousness of violating others' property rights in Islam. At the same time, the high threshold demonstrates Allah's mercy and ensures the punishment is only applied in clear cases of significant theft.

Source Reference

Book: Prescribed Punishments | Author: Mishkat al-Masabih | Hadith Reference: Mishkat al-Masabih 3590