قطع اليد في سرقة السيارات : دراسة فقهية مقارنة

الملخص EN

Viewed in the broader context of Sharia criminal legislations, the present study seeks to present the status of car theft and car thief.

Included in the presentation are details on the meaning of car theft and the penalty of hands amputation.

The study, in its preliminary discussion, amplifies various terminology associated with the subject_meaning of car theft; meaning of car custody; rationales on the validity of car custody; etc.

In its conclusive section, the study offers following findings of salience : 1.Car theft implies the illegal confiscation of car form the custody of legal owner.

In pragmatic terms, it is generally stolen from car parking_public or private.

2.If car is parked besides the house of its owner, the presence of its security guard is not essential in legal terms.

3.If car is parked in a parking lot, that is situated at distance from the dwelling of its owner, within or outside the city premises, the presence of a vigilant security guard on permanent basis is inevitable.

4.Concepts associated with car theft includes the following as well: A.Cars parked in front of open markets or ships with doors locked, while its keys are stolen from its safe point; and B.Cars parked in front of house or jobs with doors locked, while its keys are stolen from its safe point.

5.To take away a car as a consequence of some deception brings no penalty of hands amputation.