The hand of the thief shall be cut off if he steals a quarter of a Dinar or more. [Bukhari, Muslim] This Hadith is the basis of the matter since it specifies (that the least amount of theft that deserves cutting the hand) is a quarter of a Dinar. So this Hadith fixes the value. And saying that it is three Dirhams is not a contradiction. This is because the Dinar in question was equal to twelve Dirhams, so three Dirhams equaled a fourth of a Dinar. So in this way it is possible to harmonize these two views. This opinion was reported from Umar bin Al-Khattab, Uthman bin Affan, Ali bin Abi Talib - may Allah be pleased with them - and it is the view of Umar bin Abdul-Aziz, Al-Layth bin Sa`d, Al-Awza`i, and Ash-Shafii and his companions. This is also the view of Imam Ahmad bin Hanbal and Ishaq bin Rahwayh in one of the narrations from him, as well as Abu Thawr, and Dawud bin Ali Az-Zahari, mayAllah have mercy upon them. As for Imam Abu Hanifah and his students Abu Yusuf, Muhammad and Zufar, along with Sufyan Ath-Thawri, they said that; the least amount of theft that deserves cutting off the hand is ten Dirhams, whereas a Dinar was twelve Dirhams at that time. The first ruling is the correct one, that the least amount of theft is one fourth of a Dinar or more. This meager amount was set as the limit for cutting the hand, so that the people would refrain from theft, and this is a wise decision to those who have sound comprehension.
Posted on: Thu, 15 Aug 2013 03:38:36 +0000
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