If the hand of a thief is cut off, is he allowed to take it and put it back?
Machine translationRead the Arabic original
Al-Halabi : Shaykh, I have a question related to the same issue.
The Shaykh : Yes.
Al-Halabi : But another question arises from this; the example given of donating a hand or leg, which is closer to medicine; is it medically possible to make use of a hand or leg if it is cut off?
The Shaykh : The doctors should be asked about this.
Al-Halabi : Okay; in light of this, Shaykh, some magazines raised the issue: if the hand of a thief is cut off, is he allowed to take it and put it back?
The Shaykh : He is not allowed; this is our answer; because cutting off the hand of a thief by the ruling of the wise Shari'ah was not in vain, but for a profound wisdom; and that is that this person, in any gathering he sits in, is pointed to by finger or by the corner of the eye as a thief, so he feels blame in his heart that deters him from proceeding to his deed again. If his cut hand is returned to him and he becomes as if he had not stolen, the goal of this Shari'ah execution or this Shari'ah hudud punishment would not be achieved. Therefore, in truth, this logic comes from those disbelievers who have no hudud punishments, whereas we have hudud punishments for a prescribed purpose, so it is not befitting for us to compare Zayd to Bakr.
And upon you be peace and the mercy of Allah and His blessings.
Another questioner : Shaykh, regarding animals, do they take...
The Shaykh : By Allah, if it is a domestic animal, and first of all it is not like a pig or a dog, for example; then initially it can be said that it is permissible; but on the condition that we look at the nature of the work, whether it is carrion or live or what, it requires some thought, and I am not there now.
Yes.
The Shaykh : Yes.
Al-Halabi : But another question arises from this; the example given of donating a hand or leg, which is closer to medicine; is it medically possible to make use of a hand or leg if it is cut off?
The Shaykh : The doctors should be asked about this.
Al-Halabi : Okay; in light of this, Shaykh, some magazines raised the issue: if the hand of a thief is cut off, is he allowed to take it and put it back?
The Shaykh : He is not allowed; this is our answer; because cutting off the hand of a thief by the ruling of the wise Shari'ah was not in vain, but for a profound wisdom; and that is that this person, in any gathering he sits in, is pointed to by finger or by the corner of the eye as a thief, so he feels blame in his heart that deters him from proceeding to his deed again. If his cut hand is returned to him and he becomes as if he had not stolen, the goal of this Shari'ah execution or this Shari'ah hudud punishment would not be achieved. Therefore, in truth, this logic comes from those disbelievers who have no hudud punishments, whereas we have hudud punishments for a prescribed purpose, so it is not befitting for us to compare Zayd to Bakr.
And upon you be peace and the mercy of Allah and His blessings.
Another questioner : Shaykh, regarding animals, do they take...
The Shaykh : By Allah, if it is a domestic animal, and first of all it is not like a pig or a dog, for example; then initially it can be said that it is permissible; but on the condition that we look at the nature of the work, whether it is carrion or live or what, it requires some thought, and I am not there now.
Yes.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
