Poverty/Sharia Punishments

[Killuminati]

If someone is really poor and they steal something to eat, or sell for money to buy food, is their hand still amputated?

I ask because of an article posted in the current events section where it told of a Nigerian who has been sentenced to have their hand cut off, but only stole out of desperation, citing the governments failure to create any sort of atmosphere for economic upgrading. I think they made a good point, actually, with all the oil wealth in Nigeria, shouldn't the government attempt to create jobs and livelihoods before trying people for theft when they've been forced through desperation?

[Abu Mus'ab]

If someone is really poor and they steal something to eat, or sell for money to buy food, is their hand still amputated?

No.

[Raul-7]

Umar Ibn-il-Khatab (ra) refused to amputate the hand of a thief who stole out of desperation at the time of a drought.

[Barracuda]

If someone is really poor and they steal something to eat, or sell for money to buy food, is their hand still amputated?

I ask because of an article posted in the current events section where it told of a Nigerian who has been sentenced to have their hand cut off, but only stole out of desperation, citing the governments failure to create any sort of atmosphere for economic upgrading. I think they made a good point, actually, with all the oil wealth in Nigeria, shouldn't the government attempt to create jobs and livelihoods before trying people for theft when they've been forced through desperation?
The Penal Law of Islaam (For Theft):

Theft= Sariqaliterally means the secretly taking away of another’s property. In the language of the Law, Sariqa signifies the taking away the property of another in a secret manner, at a time when such property is in custody. To constitute theft the following elements are essential:

(1) The thief must be an adult of sound understanding.
(2) The property must be in careful protection of the man.
(3) The property must be taken out of the custody of another person (owner) in a secret manner.
(4) The thief must have obtained full possession of the stolen property.
(5) The property must be movable.
(6) The property must be of some value, which must not be less than the prescribed “Nisaab/Nisab” (limit).
(7) Dishonest intention to take property.

The Necessity of Cutting off the Hand of the Thief:

Allaah (SWT) commands and decrees that the hand of the thief, male or female be cut off. During the time of “Jahiliyyah”, this was also the punishment for the thief, and Islaam upheld this punishment. In Islaam, there are several conditions that must be met before this punishment is carried out, as you will come to know in this message Allaah willing. There are other rulings that Islaam upheld after modifying the rulings, such as that of blood money for example.

When Does Cutting the Hand of Thief Become Necessary?

It is recorded in the TWO Sahihian that Abu Hurayrah رضی الله عنه said, that the Messenger of Allaah (SAW) said,
((“ May Allaah curse the thief who steals an egg and as a result his hand is cut off, and who steals rope and as a result his hand is cut off.”)) [Fath Al-Bari 12:83, Muslim 3:1314].

Al-Bukhari and Muslim recorded that ‘Aishah عائشه رضی الله عنها said that the Messenger of Allaah (صلی الله عليه وسلم) said,

((“The hand of the thief shall be cut off if he steals a quarter of a Dinar or more.”)) [Fath Al-Bari 12:99, Muslim 3:1312].

Muslim recorded that ‘Aishah, may Allaah be always pleased with her, said, that the Messenger of Allaah (صلی الله عليه وسلم) said,

((“ The hand of the thief shall only be cut off if he steals a quarter of a Dinar or more.”)) [Muslim 3:1313].

This Hadîth is the basis of the matters since it specifies (that the least amount of theft that deserves cutting the hand) is a quarter of Dinar.

So this Hadîth fixes the value. And saying that it is three “Dirhams is not a contradiction. This is because of the Dinar in question was equal to twelve Dirhams, so three Dirhams equaled a fourth (quarter) 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 Allaah be always pleased with them {رضى الله عنهم})- and it is the view of ‘Umar bin ‘abdul-‘Aziz. Al-Layth bin Sa’d, Al-Awza’i, and Ash-Shafi’i and his companions. This is also the view of Imaan 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, may Allaah have mercy upon them.

As for Imaan 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 in one forth 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. Hence Allaah’s statement,

جَزَاء بِمَا كَسَبَا نَكَالاً مِّنَ اللّهِ وَاللّهُ عَزِيزٌ حَكِيمٌ

JAZAA' BI- MAA KASABAA NAKAAL(AN) MIN 'ALLAAH WA- 'ALLAAH cAZEZ H.AKEM
(as a recompense for that which they committed, a punishment by way of example from Allaah. And Allah is All-Powerful, All­Wise.)





This is the prescribed punishment for the evil action they committed, by stealing the property of other people with their hands. Therefore, it is fitting that the tool they used to steal of people’s wealth, be cut off as punishment from Allaah for their crime.
WA- 'ALLAAH cAZEZ (And Allah is All-Powerful {in His torment})
H.AKEM (All­Wise.) in His commands, what He forbids, what He legislates and what He decrees.

Gist


i. The value of the thing stolen be not less than one Dinar or 10 Dirhams; and
ii. Two male witness of good character give their testimony against the accused, or he himself confesses his or her guilt.

To answer your question: If someone is really poor and they steal something to eat, or sell for money to buy food, is their hand still amputated?

The answer is "NO", such person becomes the liability of the state which should pay him through Islamic Social Security System (via Zakah) and such person must not starve leading to theft. Thus, the theft punishment is in applied here.