Larceny (سَرَقَة): Definition, Etymology, and Legal Implications in Islam
Etymology and Translations
- Arabic: سَرَقَة (Sariqah)
- Turkish: Hırsızlık
Definition and Legal Context
Larceny in Islamic jurisprudence, known as Sariqah (سَرَقَة), denotes the secretive taking of another person’s property when such property is under some form of custody. Custody is bifurcated into two types:
- Physical Custody by Place: Like in a house or shop.
- Personal Guard Custody: Guarded by the owner or someone else.
Legal Procedures and Punishments
According to Sharia law, if an adult of sound mind steals property equating to the value of ten dirhams from secure custody, the Qur’an mandates the punishment of hand amputation. This is based on the verse from Surah Al-Ma’idah (5:38): “As to the thief, male or female, cut off their hands.”
Variations in Valuation
There are differences among Islamic scholars regarding the minimum amount that constitutes a theft warranting amputation:
- Abū Ḥanīfah: Ten dirhams.
- Ash-Shāfiʿī: A fourth of a dinar or twelve dirhams.
- Mālik: Three dirhams.
Equal Treatment Under Islamic Law
Both freemen and slaves are subject to the same punishments for committing theft under Islamic law.
Evidence and Testimony Requirements
The theft must be corroborated by the testimonies of two witnesses. The magistrate scrutinizes the detailed accounts regarding the manner, time, and place of the theft, and the accused thief is held in custody or suspicion until full examination of witnesses.
Specific Cases and Exceptions
Certain instances do not warrant amputation:
- Trivial Items: Theft of wood, bamboos, grass, etc.
- Perishable Goods: Milk, fruit, or unharvested grain.
- Controversial Cultural Items: Musical instruments like guitars or tabors, Qur’ans, crucifixes, chess boards, etc., often with room for valid intentional justification.
- Livestock and Personal Goods: Free-born infants, cur-dogs, and certain utensils.
- Community Property: Theft from public treasuries.
- Shared Ownership: Theft involving partially owned property.
- Debt Relations: Theft by a creditor from their debtor.
Judicial Execution of Punishment
First offense: Right hand amputation at the wrist joint followed by cauterization. Second offense: Left foot amputation. Subsequent offenses: Imprisonment.
Recommended Books for Further Studies
- “Shari’a: Theory, Practice, Transformations” by Wael B. Hallaq
- “The Origins and Evolution of Islamic Law” by Wael B. Hallaq
- “Crime and Punishment in Islamic Law: A Fresh Interpretation” by Mohammad Hashim Kamali
Takeaways and Conclusion
The treatment of larceny in Islamic law integrates both severe deterrents and compassion through meticulous procedures and exceptions. This stresses the balance the Sharia aims to maintain between justice and mercy.
Understanding the application and interpretation of Sariqah across different Islamic schools and its grounding in the Qur’an offers deeper insight into the complexities of Islamic legal theory.
Overall, Islamic jurisprudence surrounding larceny is demonstrative of broader legal principles aiming at just and equitable societal norms.
