The Book of Cutting off the Hand of the Thief - Sunan an-Nasa'i

Hadith Reference: Sunan an-Nasa'i 4923

Textual Analysis

This hadith establishes the minimum threshold for the punishment of theft in Islamic law. The quarter dinar mentioned represents a specific monetary value that was well-known and standardized during the Prophet's time.

Scholars have determined that one-quarter dinar in the Prophet's era was equivalent to approximately 2.975 grams of pure gold. This establishes the nisab (minimum amount) for which the hadd punishment of hand-cutting applies.

Juridical Conditions

Classical scholars stipulated numerous conditions that must be met before implementing this punishment: the stolen property must reach the prescribed value, be taken from a secure place (hirz), and the thief must have full ownership of the action without any doubt about ownership rights.

The punishment does not apply if there is any ambiguity (shubha) in the theft, if the item stolen is not considered valuable property, or if the theft occurs between certain close relatives where ownership rights are shared or ambiguous.

Wisdom and Objectives

This severe punishment serves as a powerful deterrent to protect people's wealth and property, which is among the five essential objectives of Islamic law (maqasid al-shariah).

The specification of a minimum value ensures that minor infractions do not receive the ultimate punishment, demonstrating Islam's mercy and proportionality in legislation.

Contemporary Application

Modern scholars emphasize that the actual implementation of this punishment requires an Islamic state with proper judicial procedures and standards of evidence that make conviction extremely difficult, thus serving primarily as a deterrent.

The monetary value is calculated based on current gold prices to maintain the same economic threshold intended by the original legislation.