Punishment for theft in the Quran

The Quran says:

A.L.R. These are signs <ayat> of the profound scripture. We have sent it down, an Arabic Quran that you may understand. We narrate to you the best stories through Our revelation to you of this Quran. Before this, you were totally unaware. (12:1-3)

Let us examine the verses on theft punishment:

The male thief, and the female thief, you shall <eqta’u> <aydiyahuma> as a punishment for their crime, and to serve as a deterrent from God. God is Almighty, Wise. (5:38)

If one repents after committing this crime, and reforms, God redeems him. God is Forgiver, Merciful. (5:39)

The Arabic word <eqta’u> means “cut” while <aydiyahuma> refers to “the (three or more) hands of the male and female thief”. Thus the expression <eqta’u> <aydiyahuma>, in aya 5:38 above, stands literally for “cut their (three or more) hands.” Therefore, 5:38 reads literally:

The male thief, and the female thief, you shall cut their (three or more) hands as a punishment for their crime, and to serve as a deterrent from God. God is Almighty, Wise. (5:38)

I will inshaAllah examine (in the light of the Quranic principals) what the punishment for theft is:

 First, if we assume the literal meaning of the word "qata'a" (to cut), then we are presented with lingusitic problems in this verse. The Arabic word <aydiyahuma> is the plural (three or more) of <yad> (hand) used in dual form. As we know, each one of us has normally only two hands, including thieves. How can we possibly cut off the hands (three or more) of a thief? Even if we accept that the hands in this aya refer to the hands of both thieves, should we then cut off both hands of at least one of the thieves? So this is the first problem with the traditional understanding of this verse.

Second, what will benefit the one who lost his/her stolen goods in case they would not recovered them? And what would happen if someone were accused mistakenly or maliciously of theft and their hands were cut off? What if someone does not have hands and uses only his brain to plan thefts for their accomplices? In addition, the Quran explicitly says that Allah is just and no soul shall receive a punishment which does not equal her crime. It is simple commonsense for people to see whether a person who stole a "quarter of a dinaar" worth of food as he was hungry deserves to have his hands chopped off?

Third, how could the above aya 5:39 be applied if someone has his or her hands cut off and repents later on and reforms? On other words, if cutting the hands in aya 5:38 is translated literally to mean cutting off the hands, then aya 5:39 can not stand logic and common sense. Let’s assume that someone steals something and pays the heavy price of his or her hands being cutting off. Then he or she repents and reforms. What does it mean in his or her case that, “God redeems him. God is Forgiver, Merciful”? (5:39). How will he or she be redeemed once he or she has lost his or her hands? Someone
might wrongly suggest that "God will forgive his crime of stealing if he repents after having his hands chopped off". This is nonsense. The punishment for the crime is supposed to be that , i.e. punishment for that crime. It doesn't mean that if someone stole a quarter of dinaar of bread and have his hands chopped of will still receive the wrath of Allah after having paid the price. How could he or she deserve a second chance without his or her hands? Indeed, understanding cutting hands as cutting off hands literally does not stand logic and common sense in the context of these two ayat 5:38-39 in particular, and in the context of the Quran in general.

Now let us consider an alternate meaning which is closest to the Quranic spirit of reform and eternally applicable laws. The Quran says:

In their (the messengers') stories, there is a lesson for those who possess intelligence. This is not a fabricated narration <hadith>; this (Quran) authenticates what it is between its hands, and provides the details of everything. It is a beacon and a mercy for those who believe. (12:111)

<unzur kaifa nusarriful a_ya_ti la'allahum yafqahu_n >

See how We repeat the verses that they may understand. (6:65)

So, we will look at the story of one of the Messengers of Allah to learn something about the punishment for theft. In addition, we will see if the Quran uses the word "hand" <yad> in any other sense besides the literal meaning of the word in other ayaat that repeat this word.

First we will see that the word "yad" has also been used in figurative sense in the Quran besides its literal meaning of two physical hands. here are some examples:

Put your hand <yad> (O Moses) in your pocket; it will come out white, without a blemish. These are among nine signs <ayat> to Pharaoh and his people, for they are wicked people. (27:12)

The Jews even said, "God's hand <yad> is tied down!" It is their <yad> hands that are tied down. They are condemned for uttering such a blasphemy. Instead, His both <yad> hands are wide open, spending as He wills... (5:64)

In addition to these figurative uses, the word "yad" has also been used to mean "power and resources" as in the following verse:

Remember also our servants Abraham, Isaac, and Jacob. They were resourceful <ulu al-aydee> (with many hands), and possessed power and vision. (38:45)

<yad> is also used to infer someone's actions and doings (2:195, 22:10). It is used also to mean possession of a responsibility or a contract:

And if you divorce them before you have touched them and you have appointed for them a portion, then (pay to them) ha!f of what you have appointed, unless they relinquish or he should relinquish in whose hand <bi-yadaihi> is the marriage tie; and it is nearer to righteousness that you should relinquish; and do not neglect the giving of free gifts between you; surely Allah sees what you do. (2:237)

Now having seen that the Quran uses the word "yad" in other meanings also, including resources and power, we now also look at the punishment for the crime of Murder in the Quran to see if literally cutting off someone's hands for stealing a dinar is consistent with the Quranic spirit. There are
two earthly punishments: 4:92 deals with a believer's accidental killing. Neither capital punishment nor jail are involved. 2:178 deals with the second case when someone meant the killing. This ayah gives the option of sparing the murderer's life. In both cases, there is ransom involved if
possible. It is the case maybe because when someone is killed, a source of income is cut from their family and therefore should be compensated. In either case, punishment does not even match the brutality of chopping off someone's hands if it was the case in 5:38.

Now we have seen four reasons why the literal meaning of "yad" cannot be used in 5:38:

1. Linguistic problems as three or more hands are mentioned in the verse.
2. The word "yad" has been used within the Quran to mean other things including resources and power.
3. The punishment for theft seems harsher than the punishment for Murder, where at least the murderer can avoid capital punishment if the bereaved family accepts ransom.
4. The punishment is not in sink with the Quranic spirit of justice and punishment equal to the crime. You don't have to be a scholar in theology to see that someone loosing his hands simply because he stole food worth a dinar or so out of need for hunger is not fair and much harsher than the ransom punishment option for a murderer.

In addition to the above 4 reasons, we will use the Quranic advice to seek guidance from the stories of messengers mentioned within the Quran. Let us read the story of Prophet Yusuf (Joseph) and his brothers:

When he provided them with their provisions, he placed the drinking cup in his brother's bag, then an announcer announced: "The owners of this caravan are thieves. (12:70)

They said, as they came towards them, "What did you lose?"(12:71)

They said, "We lost the king's cup. Anyone who returns it will receive an extra camel-load; I personally guarantee this."(12:72)

They said, "By God, you know full well that we did not come here to commit evil, nor are we thieves."(12:73)

They said, "What is the punishment for the thief, if you are
liars?"(12:74)

They said, "The punishment, if it is found in his bag, is that the thief belongs to you. We thus punish the guilty."(12:75)

He then started by inspecting their containers, before getting to his brother's container, and he extracted it out of his brother's container. We thus perfected the scheme for Joseph; he could not have kept his brother if he applied the king's <deen> law/religion. But that was the will of God. We
exalt whomever we choose to higher ranks. Above every knowledgeable one, there is one who is even more knowledgeable.(12:76)

They said, "If he stole, so did a brother of his in the past." Joseph concealed his feelings in himself, and did not give them any clue. He said (to himself), "You are really bad. God is fully aware of your accusations.'(12:77)

They said, "O you noble one, he has a father who is elderly; would you take one of us in his place? We see that you are a kind man."(12:78)

He said, "God forbid that we should take other than the one in whose possession we found our goods. Otherwise, we would be unjust."(12:79)

What do we learn from this story in the Quran? The Quran tells us that, 

In Joseph and his brothers there are lessons for the seekers.(12:7)

We also know that Joseph and his brothers were children of Jacob and great - grand children of Ibrahim, who were also Prophets of Allah. The Quran does mention the mischief that Joseph's brothers showed towards him, but it never identified them as rejecters. They continued living with their father Jacob as Muslims:

And I followed instead the religion <deen> of my forefathers, Abraham, Isaac, and Jacob. We have no right to commit shirk (associating partners) with God. Such is the blessing from God upon us and upon the people, but most people are unappreciative. (12:38)

So, if they were Muslims, and Joseph knew that, and if the punishment for theft would have been chopping off of hands, Joseph would never ask them to judge their younger brother according to their law (the Islamic law) instead of the law of the king of Egypt, as his whole purpose was to teach them a lesson. Now, his other brothers, children of the Prophet Jacob, told him what the punishment for theft is according to their law (the Islamic law). It is to take the resources and power of the thief and put him in service of the person whose goods are stolen.

They said, "The punishment, if it is found in his bag, is that the thief belongs to you. We thus punish the guilty."(12:75)

It is very clear from the above ayat that they were not following the king’s law to punish the thieves but rather God’s law.

...We thus perfected the scheme for Joseph; he could not have kept his brother if he applied the king's <deen> law/religion. But that was the will of God... (12:76)

First, the presumed thieves were given the chance to come forward, acknowledge their wrongdoing, and then give back what they have stolen. They might even get a reward/or state compensation if it is found that they stole out of dire need and poverty.

Second, if they do not do so, they must be proven as thieves. Then, what was stolen, if found, should be restituted to their owners. Thieves should work to repay the fees involved in the whole process. They should also work to repay what was stolen in case they do not give it or the whole of it back.

This process put in application the theft punishment stated in 5:38 that is to cut off from the thieves’ resources and power. It leaves also the door open for thieves to repent and reform as God states in 5:39. This whole process is what is applied to thieves in some Muslim rural areas.

Had Joseph known that God's punishment for theft is marking or cutting hands (which his brothers would have apply), he would not scheme that way in order to keep his brother with him.

Someone would argue that was God's theft law for previous communities and we are not bound by it. Well, when God wants to change something, He specifies it (2:187). Furthermore, Quran specifies when some laws do apply only for some communities (16:118) and therefore we are not bound to apply them.

So, in conclusion we see that because of the 4 reasons mentioned above and the example of Joseph and his brothers in the Quran we conclude that the punishment for theft is to take away the resources and power of the thief and make him pay back all the cost to the person whose goods he stole.  However, if he repents (5:39) Allah forgives him.

As regards the other points raised by brother Omar, I have shown in some of my previous postings how the ahadith he has mentioned have assigned wrong meanings to the Quranic ayaat and have severely restricted the meanings of those ayaat. The result of which is obvious from the state of the Muslim ummah in the world - they have ignored verses of the Quran thinking that these verses are only meant for "those bad non-Muslim and not for us good Muslims".