Hadith Text & Context

"The hand of the thief is to be cut off for one-quarter of a Dinar or more." This narration from Sunan an-Nasa'i 4925 establishes the minimum value (nisab) of stolen property for which the prescribed punishment (hadd) of amputation is applied.

Explanation of the Nisab

The scholars have determined that one-quarter of a Dinar, in the currency of the Prophet's time, is equivalent to three Dirhams. This value is not arbitrary; it represents a significant amount of wealth, indicating that the law pertains to substantial theft, not minor pilfering.

The wisdom behind setting this minimum value is to ensure that the severe punishment is reserved for a serious crime that violates the sanctity of people's property and threatens the social and economic security of the community.

Conditions for Amputation

Classical scholars, based on this and other Prophetic texts, have outlined strict conditions that must be met before this punishment can be carried out. The theft must involve property that is: 1) of legal and intrinsic value, 2) taken from a secure location (hirz), 3) stolen covertly, and 4) the thief must be a sane, adult Muslim or a dhimmi (non-Muslim living under Muslim rule) who is not in a state of necessity or hunger.

Furthermore, the property's value must reach or exceed the nisab at the time of the theft, and there must be clear, incontrovertible evidence, such as the testimony of two upright witnesses or a confession.

Juridical Wisdom & Objective

The primary objective of this Islamic penal law is not merely retribution but the protection of society's fundamental interests (masalih). By establishing a severe deterrent, it safeguards the wealth and property of all citizens, which is one of the five essential necessities (religion, life, intellect, lineage, and property) that Islamic Law aims to protect.

The stipulation of a minimum value and numerous conditions demonstrates the Shari'ah's mercy and its intent to make the application of this punishment a rare occurrence, only to be used as a last resort for the most severe cases that undermine public security.