Is it permissible, if I am stolen from and I am in a country that does not rule by the law of Allah, to file a report with the police while I know that they do not apply the hadd punishment to the thief?
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The questioner : May Allah grant you success, he saysThe questioner : Is it permissible, if I am stolen from and I am in a country that does not rule by the law of Allah, to file a report with the police while I know that they will not apply the hadd punishment to the thief? And what is the nature of referring to non-Shari'ah authorities that makes its practitioner a disbeliever?
The Shaykh : The man says, if I am stolen from, does he mean that he himself is stolen, or that the one who steals his property is the thief? Where is the questioner? Is the questioner present now? Does the meaning imply "if I am stolen from" or "if I am stolen"?
The student: ...
The Shaykh : Is it pronounced with a dammah on the sin? In any case, if I am stolen from, there is what is called a figure of speech...
The student: This is the questioner, O Shaykh.
The questioner : Peace be upon you.
The Shaykh : And upon you be peace.
The questioner : I am the one who was stolen from.
The Shaykh : You are stolen from?
The questioner : Yes.
The Shaykh : Do you mean the enemy takes you and says, "This is my slave"?
The questioner : I mean my money was stolen from me...
The Shaykh : We understood the intent, meaning if my money was stolen. If my money is stolen, do I refer the case to the government that does not rule by the Book of Allah in this matter? I say, yes, refer it to the government in order to obtain your property. As for applying the hadd, which is a right of Allah, that is for the government. Without doubt, it is obligatory for every government that rules over Muslims to apply the law of Allah to the servants of Allah, and among that is cutting off the hand of the thief if the conditions for cutting are met. I have seen some contemporary writers criticize this ruling, and I seek refuge in Allah, meaning the cutting off of the thief's hand, and say, "If we cut off the hand of the thief, half the population would be paralyzed with cut-off hands." We say to this writer, "You have now admitted that half of your people are all thieves, is that clear?" And we say to him, "If you cut off the hand of one thief, a hundred thieves would stop stealing, because in the cutting is a deterrent for the people of theft." And Allah the Exalted said:[Al-Baqarah 2:179] Even though qisas is killing a soul for a soul, Allah made it life. The requirement of a corrupt intellect would be to say, "If we kill a soul for a soul, we have killed two souls, and if we leave off killing a soul for a soul, we would have killed only one soul." But if a soul is not killed for a soul, then this killer will kill other souls tomorrow. So we say, without doubt, the ruling of Allah is the best of rulings [Al-Ma'idah 5:50] and it is obligatory for the rulers in Islamic lands to cut off the hand of the thief if the conditions are met. And I guarantee them that if they cut off the hand of the thief, the thieves will refrain from stealing. Yes.
The questioner : May Allah grant you success...
The Shaykh : Is there no split? Is there a second split?
The questioner : Yes.
The Shaykh : The man says, if I am stolen from, does he mean that he himself is stolen, or that the one who steals his property is the thief? Where is the questioner? Is the questioner present now? Does the meaning imply "if I am stolen from" or "if I am stolen"?
The student: ...
The Shaykh : Is it pronounced with a dammah on the sin? In any case, if I am stolen from, there is what is called a figure of speech...
The student: This is the questioner, O Shaykh.
The questioner : Peace be upon you.
The Shaykh : And upon you be peace.
The questioner : I am the one who was stolen from.
The Shaykh : You are stolen from?
The questioner : Yes.
The Shaykh : Do you mean the enemy takes you and says, "This is my slave"?
The questioner : I mean my money was stolen from me...
The Shaykh : We understood the intent, meaning if my money was stolen. If my money is stolen, do I refer the case to the government that does not rule by the Book of Allah in this matter? I say, yes, refer it to the government in order to obtain your property. As for applying the hadd, which is a right of Allah, that is for the government. Without doubt, it is obligatory for every government that rules over Muslims to apply the law of Allah to the servants of Allah, and among that is cutting off the hand of the thief if the conditions for cutting are met. I have seen some contemporary writers criticize this ruling, and I seek refuge in Allah, meaning the cutting off of the thief's hand, and say, "If we cut off the hand of the thief, half the population would be paralyzed with cut-off hands." We say to this writer, "You have now admitted that half of your people are all thieves, is that clear?" And we say to him, "If you cut off the hand of one thief, a hundred thieves would stop stealing, because in the cutting is a deterrent for the people of theft." And Allah the Exalted said:
And there is for you in legal retribution [saving of] life
ولكم في القصاص حياةBut who is better than Allah in judgement for a people who are certain [in faith].
ومن أحسن من الله حكماً لقوم يوقنونThe questioner : May Allah grant you success...
The Shaykh : Is there no split? Is there a second split?
The questioner : Yes.