Exploring unauthorized implanting thief's amputated hand by an approach on hadd punishments

Abstract EN

Considering marvelous achievement in medical science and the possibility of implanting thief's amputated hand, now this question is raised that upon enduring Hadd punishment, is he/she authorized to implant his/her amputated hand? In answering to this question, two general theories are raised by jurists as “legitimacy” and “illegitimacy” of implanting amputated hand due to implementing theft punishment.

The hypothesis of the present study is established on the forbiddance of such implantation due to the weak evidences by implantation permit supporters.

To prove this hypothesis, Holy Quran and narrative arguments as well as triple goals of punishments including “deterioration”, “modification” and “criminal's debilitation” are particularly considered.

Based on research findings, upon amputating thief's hand, it is necessary to prevent re-implantation for thief's short term pain, to realize triple goals of punishment and to debilitate him/her from recommitting the crime and to deteriorate other criminals potentially.

Key words: theft Hadd, lack of implantation authority, thief's amputated hand, criminal's tormenting, deterioration for criminal and society.