Chapter 9: Stealing (Sariqah)

Thief

The thief is taking other people's wealth by hiding and taken from place bet (where entitled to retain the property). Stealing is one of the great sins and requires cut his hand on the thief.
As the word of God, which means:

"Thieves male and female thief must be cut off your hands as the consideration of employment, from the punishment of Allah, Allah is Mighty, Wise"

(Surah Al-Maidah verse 38)

Rasulullah saw says:

"Do not cut the hand of a thief, except a quarter dinar, or more than the monetary value of gold"

(Narrated by Bukhari Muslim)

FEATURES steal ACT

1. Transferring by hiding assets from the expected or possession over his master.
2. Transfer the property without the consent of its owner.
3. The transfer of property with intent to remove the property earlier than expected or master's.

PENALTIES PENALTIES THAT MUST imposed on thieves

1) According to the provisions of Islamic law enforced in the Qanun syar'iyyah crime, the person may be charged under the offense cases sariqah (steal) and must be punished hudud are: -

i) Those who understand
ii) The adult
iii) the desire of their own

2) The thief who possessed or children or fools (not insane) is not subject to compulsory hudud, even though they take the property or goods of that person in secret in order to own property or goods. He's become a Hadirh which means: -

"He will not punish the three groups of people who sleep until they wake up from sleep, the child until it reaches maturity, and until they understand the crazy (insane)"

(Narrated by Ahmad, Ashabi, Sunan and Al-Hakam)

3) People who are forced to steal by force, such as the threatened and threatened to be killed if the do not want to steal. Hadith Allah's authority as a means:

"He is wrong my followers sins, their sins are forgotten and forced to commit an offense."

(Narrated by Ibn Majah and Baihaq'i and other than them)

4) The person had to steal because of extreme hunger (famine) or too much thirst that can lead to death may not be hudud, because they are in a state of emergency was included in the legislation required by doing the forbidden. This case refers to the method Fiqhiyyah which means:

"Emergency (in a force) required to do things that are forbidden."

(Al-Ashbah and An - Nazha'ir)

In item (3) and (4) escape from their hudud, but the judge can impose a sentence on the thief takzir according kea'rifan and wisdom.

CAN NOT BE IMPOSED thief SARIQAH OFFENCES AND PENALTIES

Thief can not be punishable offenses sariqah are: -

1) Theft committed by treachery, the person taking the property or goods entrusted to him. Those who commit such offenses can not be prosecuted under the case sariqah (steal) and can not be imposed hudud, but they should be prosecuted under the case of breach of trust that must be punished takzir.

2) The person taking the property or goods of others by coercion and violence.

3) The person other people grabbing items while ago, when walking or on the vehicle, including penyelok pocket.

4) The theft occurred covering almost every war.

5) Taking fruit hanging on the branches for very hungry and thirsty.

Theft conviction

1. Error may be convicted of theft with one of the following evidence: -

i) Declaration (declaration)
ii) The evidence of two witnesses just men
iii) the sworn oath of mardud thief returned to the person who claims, if the person indicted, is not admitted, which according to evidence the claim that the person being sued is is actually a steal.

2. Thief who pleaded guilty to stealing enough recognition is only one declaration and confessions made in court before a judge dimajlis.

3. To ensure that the truth-witness testimony to convict a person is stealing offenses, the judge must interrogate the witnesses on the stolen property or goods, means of theft, where theft, the theft and others.

4. Judges should also ask the witnesses the relationship between those who have to steal dangan who steal.

EXCLUDED DARII thief PENALTIES PENALTIES.

1) The total value of stolen property or goods is less than a quarter dinar, or three darham.

2) To convict theft offense that could not be proved as required.

3) is not a thief who mukallaf.

4) The owner of the property or goods stolen does not keep and maintain the property or goods to be somewhere safe from theft.

5) The thief has not yet received full ownership of the property stolen is over.

6) property or goods stolen was not of precious and valuable items.

7) stolen property or items that do not provide any benefit and no value in accordance with Islamic law as tool of intoxicating liquor or entertainment.

8) Theft committed by the person giving the debt to the property or goods of the debtor.

9) The theft occurred in a condition that demands such as in war, the ruling is very hungry and thirsty.

10) Theft committed by children against property or goods belonging to the parents (and grandparents).

11) Theft committed by the husband over the property or goods belonging to his wife and vice versa.

12) The thief that stole the property or goods belonging to the Baitul Mal.

OFFENCES AND PENALTIES BECAUSE Stealing

Anyone found guilty must be punished hudud theft as required by Islamic law.

1) Stealing the first time to cut his right hand.
2) Stealing a second time to cut his left foot and,
3) Stealing the third and subsequent takzir and shall be punished and imprisoned until he died.