Definition
Theft, known as “sariqa” (سرقة) in Arabic, refers to the unlawful taking of property belonging to another person with the intent to permanently deprive the lawful owner of it. Larceny is a synonym for theft, often used in legal contexts to describe the same criminal act.
Etymology
- Arabic: سرقة (sariqa) - Derived from the root س-ر-ق, which means to steal.
- Turkish: hırsızlık - The term used in Turkish to refer to the act of theft or stealing.
Legal and Moral Implications in Islam
Quranic Teachings
The Quran explicitly prohibits theft and prescribes severe punishments for those who are guilty of it. Key verses include:
- Quran 5:38:
<p>“As for the thief, the male and the female, amputate their hands in recompense for what they committed as a deterrent [punishment] from Allah. And Allah is Exalted in Might and Wise.”</p>
Hadith and Sunnah
Hadith literature also reinforces the prohibition of theft and elaborates on the punishments and ethical considerations. For instance:
- Sahih Bukhari, Book 82, Hadith 780:
<p>Narrated <code>Aisha: The Prophet (ﷺ) said, </code>The hand should be cut off for stealing something that is worth a quarter of a Dinar or more.`</p>
Legal Punishments
In classical Islamic jurisprudence, known as fiqh, the punishment for theft (hadd punishment) includes amputation of the hand for the thief, provided that stringent conditions and evidentiary requirements are met. These conditions include:
- The stolen property must be of a minimum value called “nisab.”
- The property must have been taken from a secure place.
- The theft must be intentional.
Ethical Considerations
Islam emphasizes compassion and justice, mandating that punishment for theft be carried out with due consideration of the social, economic, and psychological conditions of the perpetrator. Economic hardship, such as stealing out of poverty or hunger, is often considered in mitigating punishment.
Further Reading
Books
- “Crime and Punishment in Islamic Law: Theory and Practice from the Sixteenth to the Twenty-First Century” by Rudolph Peters - Provides a comprehensive overview of Islamic criminal law, including theft.
- “Introduction to Islamic Law: Principles of Civil, Criminal, and International Law under the Shari’a” by Jonathan G. Burns - A good resource for understanding the principles and practices related to Islamic law.
Takeaways and Conclusion
- Theft in Islam: A serious crime carrying severe punishments, grounded in both Quranic verse and Hadith.
- Moral and Legal Framework: A strong emphasis on justice, with stringent conditions and evidence requirements for the implementation of punishments.
- Ethical Nuances: Islamic law considers the circumstances of the theft, aiming to balance justice with compassion.
Understanding theft within the context of Islamic law provides a broader perspective on how justice, ethics, and legalism are interwoven in Islamic tradition and thought.
