The disagreement between the people of the Sunnah and the Shi'ah regarding the method of cutting off the hand when carrying out the prescribed legal punishment
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The second and fourth questions of Fatwa No. ( 3339 )
Q2: There is a difference of opinion between the people of the Sunnah and the Shi'ah regarding the method of cutting off the hand when carrying out the prescribed legal punishment . Is it permissible for us to acknowledge both opinions without being accused of practicing discrimination in the law?
A2: First: Allah the Exalted said:[Al-Ma'idah 5:38] The minimum that the term "hand" denotes in the Arabic language in which the Qur'an was revealed is the palm with the fingers up to the elbow. Therefore, it is not permissible to deviate from this to anything less than that, because doing so would result in failing to act upon what the text of the verse has made obligatory. The practice of the Prophet (peace and blessings be upon him) and his Companions (may Allah be pleased with them) confirmed this. It was narrated from Abu Bakr and 'Umar (may Allah be pleased with them both) that they said: "When a thief steals, his right hand is cut off from the elbow." There was no disagreement with them among the Companions (may Allah be pleased with them), so it became a consensus. Thus, language and practice agreed that the place of cutting in
theft is the joint of the elbow of the hand. Second: The hudud (fixed punishments) and the manner of their execution are matters of divine legislation. Therefore, one must adhere to what is established by practice and text, and one must be careful to restrict oneself to that, without regard to pleasing the sects or soothing hearts. Nevertheless, acknowledging both opinions in legislation and building upon them causes confusion in thought, disagreement in application and execution, and disparity in the penalty within the same Muslim community, and that is not befitting.
Q4: In the case of executing the punishment of cutting off the hand, does the criminal deserve to have the cut-off hand returned to him for reattachment through a surgical operation?
A4: The thief has no right to have his cut-off hand returned to him, because that would negate the markers of the punishment for the crime. This is followed by weakening the meaning of deterrence, prevention, admonition, and taking a lesson, which is contrary to the perfection of the penalty and the deterrent in the saying of Allah the Exalted:[Al-Ma'idah 5:38] And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q2: There is a difference of opinion between the people of the Sunnah and the Shi'ah regarding the method of cutting off the hand when carrying out the prescribed legal punishment . Is it permissible for us to acknowledge both opinions without being accused of practicing discrimination in the law?
A2: First: Allah the Exalted said:
[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.
وَالسَّارِقُ وَالسَّارِقَةُ فَاقْطَعُوا أَيْدِيَهُمَا جَزَاءً بِمَا كَسَبَا نَكَالا مِنَ اللَّهِ وَاللَّهُ عَزِيزٌ حَكِيمٌtheft is the joint of the elbow of the hand. Second: The hudud (fixed punishments) and the manner of their execution are matters of divine legislation. Therefore, one must adhere to what is established by practice and text, and one must be careful to restrict oneself to that, without regard to pleasing the sects or soothing hearts. Nevertheless, acknowledging both opinions in legislation and building upon them causes confusion in thought, disagreement in application and execution, and disparity in the penalty within the same Muslim community, and that is not befitting.
Q4: In the case of executing the punishment of cutting off the hand, does the criminal deserve to have the cut-off hand returned to him for reattachment through a surgical operation?
A4: The thief has no right to have his cut-off hand returned to him, because that would negate the markers of the punishment for the crime. This is followed by weakening the meaning of deterrence, prevention, admonition, and taking a lesson, which is contrary to the perfection of the penalty and the deterrent in the saying of Allah the Exalted:
in recompense for what they committed as a deterrent [punishment] from Allah. And Allah is Exalted in Might and Wise.
جَزَاءً بِمَا كَسَبَا نَكَالا مِنَ اللَّهِ وَاللَّهُ عَزِيزٌ حَكِيمٌ
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.