السرقة و عقوبتها عند المسلمين

Abstract EN

heft is to take money from other person secretly, it has a commanding judgment which is to be forbidden (Hurmah) and a positional judgment that it cause to cut the thief hand, the judgment is confirmed by the Holy Book, Sunnah(Hadith) and consensus.

Its elements are:- to take, the taken money and the person from whom themoney had been taken.

In Islamic Shari 'a, the thief is punished by cutting his hand and by reinsurance, by cut it meant to cut and remove the hand, it is the real meaning of cut because there is no prove to refer to the figurative meaning as to prevent theft by put in a jail or by physical punishment, it had been proved that the Prophet Mohammed (P.U.H) had punished by cut the hand.

In the first theft the right hand should be cut, and in the second cut the left leg should be cut while in the third and fourth thefts the thief should be put in jail and hit.

The hand is cut from the root of the four fingers leaving the thumb and the palm, and the leg is cut from the foot joint leaving the heel bone to depend on it, this is the preferred judgment because it is harmonized with the educational aim of the Islamic Shari 'a.

What is meant by reinsurance is to pay back the stolen money to his real owner if it is still exist or its value if it is damaged, reinsurance is confirmed by the Holy Hadith where it should be applied whether it is the first or the fourth theft and whether the thief was able or unable to pay, this punishment had had been put by His almighty God neither the judge nor the prosecutor can drop it, it does not prescribe by limitations or by the decrease of the value, yet it could be prescribed, after the judgment, for legal reason if the thief claimed that the stolen money is his own and he hadput it with the suitor as a trust or mortgage or he hadbought it from him or permit him to disclose it , in such case the claim is accepted where the cut is dropped but not the reinsurance.