Monday, 2 January 2012

LEGAL Shari'a : HAND CUT

By
Ustadz Mu'tashim

One of the basic needs that must exist in every order of human life, the life of the smallest to the largest is the rule with all the consequences that serve as the foundation for everything. Therefore, in every line of life there must be rules or laws that apply, whether stated or not, written or not.

So it is with this religion that serves as signposts for all mankind, that Allah Almighty chose for His creatures. Allah Almighty is the One who is Just, All-Knowing and All-Merciful to His creatures. What has been arranged and made His chosen people, is not likely to afflict them.

Among the regulations that have been confirmed Allah Almighty for the benefit of all mankind is the rule about theft, which expressly sanctions the punishment of hand amputation for the perpetrators.

Almighty Allah asserted:

والسارق والسارقة فاقطعوا أيديهما جزاء بما كسبا نكالا من الله والله عزيز حكيم فمن تاب من بعد ظلمه وأصلح فإن الله يتوب عليه إن الله غفور رحيم

The man who steals and the woman who steals, cut off the hands of both (a) retaliation for what they do and as a punishment from God. And Allah is Mighty, Wise. So whoever repent (among thieves) after committing the crime and improve themselves, then surely Allah accept the repentance. Allah is Forgiving, Most Merciful [al-Maidah / 5:38-39]

And what the Prophet sallallaahu 'alaihi wa sallam to do when someone caught stealing. 'Abdullah Ibn Umar radi' anhu said:

أنرسول الله صلى الله عليه و سلم قطع سا رقا في مجن قيمته ثلاثة دراهم

That the Prophet cut off the hands of someone who stole a shield / shield, which shall be equal to three dirhams [Agreed upon]

Ibn Mundhir rahimahullah in this case said, "The scholars agree that the laws of hand amputation for thieves do when there are two witnesses are fair, and independent Islamic religion." [1]

'Abd al-Jazirî said, "Had the Law for the theft has been established by the Qur'an and Sunnah and the consensus of the scholars. Allah Almighty has mentioned in the punishment of his glorious verse. He Almighty has ordered the amputation of a thief whether male or female, slave or free, Muslim or non-Muslims in order to protect and maintain the property. This hand cut law enacted at the time of ignorance before Islam. After Islam came, Allah Almighty to define and add a requirement that has been known. "[2]

KEJAMKAH LEGAL HAND CUT THAT?
Allegations that Islam cruel, violating human rights, underdeveloped and very primitive in the application of punishment, has long been exhaled by people who are ignorant and do not want to think further ahead. Namely in the form of emotional moment and just consider the interests of small groups who are guilty and are entitled to such penalties as well closed their eyes and ears on the future of many communities and people who have been harmed from this theft.

Keep in mind, that the property is very valuable to humans. Thus, in this case Islam attention to the property is very large, as well as orders to guard it. Messenger n juxtaposing keharamannya with life problems.

He sallallaahu 'alaihi wa sallam said:

إن دماءكم وأمو الكم وأعرا ضكم عليكم حرام, كحر مة يومكم هذا, في بلد كم هذا, في شهركم هذأ

Indeed the blood, treasure and honor your forbidden upon you, as you diharamkannya day at the moment, in this place, and in this month [HR. Bukhari] [3]

Have they thought, how the feelings of those who lost their property? Especially if the property is property that is picked up that have been collected over the years, and then stored in a considered safe, it disappeared so quickly. Berpikirkah they are, how powerful the deterrent effect that will provide security for the wider community beyond, from the punishment of hand amputation that they consider to be violators of the norms of their lives? Whose rights are they fighting for?

In the case of theft, the Islamic Shari'a trying to keep it for the many rather than to safeguard the interests of the thief. Give severe punishment in the form of hand cut aims to eradicate something that makes human anxiety on their properties. So Allah Almighty make it as a whip to get serious benefits greater than the interests of the thief who just a moment and a lot of damage. This is a full retribution and wisdom avail. If someone want to think, does not mean that retribution menzhalimi the perpetrator, but this is the fairness in the rules of Allah Almighty is definitely good for His creatures because only He is the Knower of everything. If punishment is allowed is governed by a mujtahid, or a judge or a particular group, will inevitably lead to mutually contradictory. And the results can not be ascertained will be able to bring about a justice that can be felt by humans, so feel calm from kezhaliman and violence of others. [4]

SETIMPALKAH SENTENCE CUT BY HAND stolen property?
Ibn Abdul Wahhab Jauzi rahimahullah and rahimahullah al-Maliki, commenting on the severity of penalties imposed in Had the theft, when compared between the property that is not how the punishment of hand amputation that could be worth many times over, they said, "When the hand can be maintained then it is something precious, but when he defected then it would be cheap ". [5]

FORFEITURE OF GOODS ARE HAND CUT APPLICABLE PENALTY?
Ibn al-Qayyim may Allaah have mercy say, "Applying the Law of hand amputation for theft worth three dirhams and not applied to the perpetrators of pickpocketing, robbery and coercion is the perfection of wisdom Shari'a. Also, because a thief difficult to prevent because he got inside another person sembunyisembunyi, damage and key storage. And the owner of the goods do not allow storage of more than that. If the amputation if not prescribed, there will be mutual between humans steal, damage will be enlarged, the more dangerous. In contrast to the perpetrators of pickpocketing and robbery, because he took openly with human vision, allowing them to receive them back from his hands and restore the rights of people who dizhalimi or testify before the judge. [6]

Imam Nawawi said in Sharh Muslim rahimahullah that Qadi Iyad rahimahullah said: "Allah Almighty keep the property by requiring amputation for thieves, and not imposing it on other than theft such as mugging, bullying, or coercion because such actions less / lighter than theft. And also made possible the victim could take it back by asking for help to the rulers, and it is easier to be established upon proof compared with the case of theft, because there is rarely evidence. Thus, it is considered theft is a big case and the punishment more severe for the more sour.

IN BETWEEN SENTENCE CUT HANDS avail
If the sentence is executed, it will produce four things:
1. Faith of Islam, both in creed, sharia or manhaj.
2. Realization of the Shari'a of Allah Almighty on all hukumhukumnya, both politically, economically and socially.
3. Proving benefits resulting from the law hudûd to sense and real life.
4. Spirit to realize the benefit of the people than the good of individuals. [7]

CAUSES AND CONDITIONS LEGAL HAND CUT
That the cause may be imposed laws to cut someone's hand is due to theft. As in spoken by God Almighty, which means, "The man who steals and the woman who steals, cut off the hands of both (a) retaliation for what they do and as a punishment from God. and Allah is Mighty, Wise "[al-Maidah / 5:38]

Theft is meant here is taking property from its owner, or his representative by way of hidden secret.

Property referred to above do not include property excluded by the Shari'a. Although the language is considered an asset. Like wine, dogs, etc.. So if someone stole the dog will not be subject to the law cutting off of hands. Ibn al-Mundhir rahimahullah said, ".... And they have agreed that a Muslim when he stole khamer from his brother so he does not cut it (arms) ... .." [8]

From the definition above can be understood that the phrase "the owner or his representative" does not include theft of property other than that was not hers, as the property still belongs to someone else of the loot, corruption, etc.. If there are people who stole it is not up to the law of cutting off hands.

What this means is allowed to steal from someone who wrongdoers or people who have committed robbery? In this case there are two circumstances, if the intention is to return the item to its owner, then why not. But if for personal interests or his own family, then obviously not allowed. [9]

TERMS implementation THEFT SENTENCE
Legal punishment of hand amputation is not a home without any specific criteria. But he is a just penalty, which must be met the criteria, so that the culprit is really entitled to cut his hand in order to produce a deterrent effect for him and for others, without ignoring the rights of the perpetrators.

Conditions to be met from the perpetrators of the theft itself, among others:

• He was a mukallaf, intending to steal, not forced in to steal, not found an association between a thief with a stolen and no doubtful in the theft. What is meant by mukallaf was a baligh and sensible.

• Not forced, not the one who was forced by others to carry out the theft, with threats that endanger his life.

• Not found the existence of kinship ties, in this sense is a treasure that was stolen was not his own property. Because the Prophet sallallaahu 'alaihi wa sallam said "You and your property belong to your father", or property the father or the parents themselves (in the opinion of the majority of the scholars). Because his son is part of the person who will inherit his property and he is still responsible for providing a living to him, or her husband or wife of the property. The family relationship / kinship others it makes no difference.

• No doubtful in the theft. The point is not in a condition forced in doing so, for example, he was hungry, craves possessions, and so on. Rahimahullah Ibn al-Qayyim said, "It is doubtful that strong can turn Had the law because he really need it. This is the (reason) is more powerful than doubtful mentioned by many scholars ...) [10]

Among the conditions to be met in the theft penalty cut the hands of criteria, relating to stolen goods include:

1. Theft is done from a place / storage awake. Ibn Mundhir rahimahullah said, "They agreed that the cutting off of hands applied to the person who stole from the storage." The definition of the storage / maintained here is where the support that can keep the property intended to secure, for example a house that is locked, cabinets, or stores are closed and semisalnya.

Author Ar-Raudhah Nâdiyah (2 / 277) said: "Al-hirzu/tempat deposit is considered community property as a storage place, such as barns for storing grain, animal cages and baskets to store to store fruit."

This place is different between regions / countries with one another; adapted to the shape of goods, a place normally used for storage. If the theft is done not in a place that is awake, as the money is placed in the front door of the house, then the culprit is not exposed to the punishment of hand amputation. [11]

2. The stolen property is valued treasure, have the owner or his representative.

3. The stolen goods reached nishâbnya when taken from its place.
What is meant here is nishab is nishab / minimum limit on the issue of theft,, namely three dirhams or dinars or its equivalent in a quarter with one of the two. As mentioned in the hadith 'Aisyahx, that the Prophet sallallaahu' alaihi wa sallam said, "Not cut in the hand (the thief) with exception of the quarter dinar or more"

And the Prophet sallallaahu 'alaihi wa sallam has punished cutting off of hands against theft shield worth three dirhams [HR. Muslim: 1687), Tirmidhi (1446)]

When assessed with the rupiah can be seen as the gold price now in effect. Shaykh Uthaymeen said: "The number of the intended quarter dinar today, very few, namely the dinar for dinar mitsqâl-Islamic, then he asked the owner of gold, mitsqâl size / weight of gold? There is little that is about twenty riyals. (One riyal about two thousand to three thousand dollars). See Liqa 'Maftuh (28/201).

4. Evidence of theft by the offender. Either by way of evidence of two witnesses who stated that pelakulah who take or by confession of the perpetrator. In the matter of the witness is not allowed a female witness, though testified against two women or more with a male. Because of legal issues hudûd, witnesses a woman is not in use. [12]

WHO IS DOING THIS PENALTY?
The implementing is the ruler / government or a person assigned to run it.

WHAT IS THE HAND THAT truncated suspended?
Imam Syafi'it and Ahmadt argue bolehnya in this case, if intended to create a deterrent, based on history of at-Tirmidhi that the Prophet sallallaahu 'alaihi wa sallam when brought to him a thief who had cut his hand, then he sallallaahu' alaihi wa sallam ordered to around his neck. [13]

HOW TO CUT HANDS OF PUNISHMENT?
Adzîm quoted by Shaykh Abdul Badawi, from the author of Ar-Raudhatun Nâdiyah: the scholars agree; a thief in the first theft of his right hand cut. When he stole second, then cut off his left foot. Then they differed when he steals for the third time; after cut his right hand and left foot, the majority of them thought his left hand cut. And if he steals again after the cut off his right leg. Then again if stolen, so he was sentenced and imprisoned ta'zir. [14]

Avoiding THIEF OF HAND CUT
A thief is forgiven by the people who stole and have not lifted until the case / submitted to the judge, then this may prevent the thief from the punishment of hand amputation. [15]

Finally, what is required of man is what has been decreed by the One who has created them. Since there is no better law than the law of his. And in carrying out these consequences, one should not only promote short thoughts and feelings that are not in place. But it emphasizes the certainty of the results to be obtained when actually executed in accordance with the procedures and the procedures set forth in this religion. Allah Almighty says: "Perhaps you hate something, but it is very good for you, and may be (too) ye love a thing, but it is very bad for you; Allah knows, and you do not
find out. "[al-Baqarah/2/216]

And Allaah knows best.

[Copied from magazines Sunnah 11/Tahun X/1428H/2007M Edition. Published Foundation Lajnah Istiqomah Surakarta, Jl. Solo - Solo Purwodadi Km.8 Selokaton Gondanrejo 57 183 Tel. 0271-858197 Fax 0271-858197]
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Footnote
[1]. The Book of Al-Ijma ': 261/140, View the book Al-Wajîz things. 443
[2]. Book Al-Fiqh 'Alal Madzâhibil Arba'ah, Abdurrahman al-Jazirî,: 5 / 153
[3]. see the magazine Al-Islamiya Al-Buhûs: 22/317
[4]. See Jâmi'ah Islamiah Magazine: 4 / 484
[5]. Ahmad al-Hasary, Al-Hudud Wal Asyribah Fil Fiqh Islami: 374 - 375, Tafseer Ibn Katheer: 3 / 110
[6]. I'lâmul Muwaqqi'în p. 44
[7]. Fiqh Al-Islami wa Adillatuhu :219-222
[8]. See the book of Al-Wajîz 443 p.
[9]. Al-Jâmi'li Ahkam Fiqhis Sunnah, Shaykh Muhammad ibn Salih al-Utsaimînt: 4 / 205
[10]. See al-Kuwaiti Mausû'atul Fiqhiyyatul: 2/8608-8609
[11]. See the book Al-Wajîz things. 443
[12] Al-Jami 'Li Ahkam Fiqhis Sunnah, Shaykh Muhammad ibn Saalih al-Uthaymeen: 4/206-210
[13]. See Asna'al Mathâlib: 4 / 153, Al-Mughni: 10/266
[14]. See the book of Al-Wajîz 444 p.
[15]. See Al-Wajîz p. 444

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