THE HADD OF THEFT (SARIQAH): LEGAL PRINCIPLES AND JUDICIAL PRACTICE OF COMPENIONS (R.A) AND CONTEMPORARY APPLICATIONS

Abstract

The protection of property is one of the most critical objectives of Islamic law. The Quranic verses specify the Hadd (punishment) for theft, whereas the Prophet’s Sunnah explains the conditions and restrictions related to this punishment. The statements and practice of the Companions offer a comprehensive view of the implementation of the punishment for theft in particular cases. At that, the consideration of different aspects concerning Nisab, Hirz, ownership, Shubah, need, evidence, and general interests is essential for understanding how exactly the Hadd can be applied in each situation. Therefore, this research aims to analyze the Hadd of theft with the help of the Quran and Hadith and explore how the Prophet’s Companions (R.A.) implemented this punishment in practice. The current study tries to identify the main factors that were taken into consideration during the Cases of Theft. Particular attention will be paid to the significance of these factors in the implementation of Criminal law in general and Islamic law in particular. The research will rely heavily on Quranic verses and Hadiths, while the statements and practice of the Companions will be used to identify the specifics related to the proof of theft. Additionally, the classical works will be used to interpret the evidence correctly.The analysis of Athar (statements) and practice of the Sahabah (companions) shows that their statements and practice are not only the records of the past events but also represent the essential legal arguments that can be used today. The paper highlights the critical importance of following the proofs of theft and applying all the available protections and restrictions before introducing the state of certainty, punishment, and other cases. Moreover, the study shows that the factors considered by the Companions can be used in the majority of theft Cases, including modern ones, to ensure the principles of justice, protection of rights, prevention, and the achievement of the Maqasid -al- Shariah.