Sariqah: Theft in Islamic Law

Sariqah: Theft in Islamic Law

Etymology and Translation

• Etymology: The term Sariqah (Arabic: السرقة) originates from the Arabic triliteral root S-R-Q, which means “to steal” or “to commit theft.”
• Arabic: السرقة (Sariqah)
• Turkish: Hırsızlık

Definition and Classification

Sariqah, or theft, is a criminal act of unlawfully seizing property belonging to someone else. In traditional Islamic penal ordinances (hudud), Sariqah is meticulously classified and punished to maintain social order and morality. Hudud ordinances related to Sariqah differentiate between:

1. Al-Sariqah al-Sughra (السَّرِقَة الصُّغْرىٰ) – Simple Theft

   • Requires the amputation of the right hand.

2. Al-Sariqah al-Kubra (السَّرِقَة الكُبْرىٰ) – Grand Theft

   • The definition is somewhat contested, but it generally necessitates the amputation of the right hand and the left foot.

Legal Considerations in Sariqah

Islamic jurisprudence emphasizes justice and care in implementing hudud punishments for Sariqah:

1. Stringent Evidentiary Requirements: Hudud rulings necessitate strict evidence for punishment. Eyewitness testimony or admission of guilt may be required. Any doubt warrants leniency.

2. Exclusions and Exceptions: Most jurists agree that theft resulting from hunger or necessity, also recognized as Darurah (ضرورة), does not entail amputation.

3. Repeat Offenders: Individuals who persist in theft may face additional amputations or imprisonment based on jurisprudential interpretations.

4. Theft-Murder Complex: If murder occurs during theft, the death penalty may be imposed based on qisas (قصاص), retributive justice concepts.

Hudud as Deterrent

Although the punishments for Sariqah can appear severe, Islamic law theorists focus on their role as deterrents designed to promote moral conduct and social harmony. The stringent requirements largely lead to minimal application of these ordinances.

Related Terms

• Hadd (حد): A prescribed punishment under Islamic law.

Further Reading

For a deeper understanding of Sariqah and other hudud ordinances, consider the following scholarly works:

1. Al-Muwatta’ by Imam Malik – A classical compilation of Islamic rulings based on Madinan practices.
2. The Reliance of the Traveller (Umdat as-Salik) by Ahmad ibn Naqib al-Misri – A classical manual on Shafi’i jurisprudence.
3. Islamic Law: An Introduction by Mohammad Hashim Kamali – This book offers insights into various aspects of Islamic jurisprudence including hudud laws.

Key Takeaways

• Sariqah (theft) is rigorously defined and categorized in Islamic law with differentiated penalties.
• Legal ordinations insist on stringent evidentiary standards, aiming as deterrence rather than frequent application.
• Islamic jurisprudence encompasses exceptions for theft driven by necessity, emphasizing Islamic values of compassion and justice.

Conclusion

Understanding Sariqah illuminates the intricate balance of severity and leniency, justice and compassion central within Islamic penal ordinances. It also underscores the objective of hudud—to deter, reprove, and ultimately protect the moral and social fabric of the community.

Islamic laws signify profound respect for human dignity and rights while maintaining social order against unlawful acts like theft. İn-depth acquaintance with these laws offers a nuanced view supporting their moral and legal framework.