Message #5292

[Heba E. Husseyn]

Again, as already stated in my post, as per my opinion this matter has to be kept open.  We can interpret to the best of our conscience but final explanation is known to Allah alone.

What I've made very clear in this post is that the interpretation of 5:38 remains open to the individual human mind or society, as to whatever they consider most apt.  Only Allah has the final explanation.  Personally I think, forgiveness would be right.  But if the offender persists in his dangerous offence, the safety & security of the community becomes the first priority.  Thus, stiffer measures can be taken as per one's individual interpretation depending on the social circumstances in accordance with justice.  I repeat, Allah is the Final Judge and Knower. 

I think V.5:38 does literally mean severing the hand as punishment for theft.  The Arabic vocabulary (or one of the Arabic vocabularies) for hands is أيادى   

But quite obviously this punishment is not to be carried out in a hurry.   This is clear from 5:39 which does not indicate against the cutting of hand or hands, but it indirectly refers that this punishment must be carried out after very careful scrutiny, only as a last measure when there's no other alternative to reform the criminal who's apparently become a menace for society.  Hence, when Allah says in V. 5:39 that whoever repents, Allah will relent toward him, explains that the thief must be given a chance to confess to the truth and if he's guilty he must be given a chance to apologize and express earnest repentence.  If he does so, Allah might forgive him.  In this case (that is, if he genuinely expresses remorse for his actions), the thief should be absolved of the earthly punishment.  And Allah knows best.

I would also like to add that apologists and critics should not get so ruffled about this penalty.  After all, the kind of cruelties and injustices that are going on in the modern world and as a result of modern warfare are much, much harsher than rarely chastising a dangerous robber with severing his hand as punishment who won't make amends and has terrorized the community he's living in.  So many parts of the non-Muslim world including USA still carry the death pentalty for murder.  In countries like China and Singapore there's death penalty even for financial corruption and drug trafficking. 

There are poor people and hardworking people in all middle-class communities.  They spend a lifetime in sweat and toil, saving money for their family, parents and children.  And if that saving gets swindled off in a minute by some bold criminal gang of racketeers at gun point, such troublemakers have to be dealt with firmly.  Yet, the Quran gives them the right to repent.  But it's when such criminals refuse to appreciate kindness and start taking advantage of their right of repentence, then stiff measures need to be taken.  Like sister Zeynab mentioned correctly, the society in 7th century Arabia did not consist of prisons.  This did not exist in their legal system at that time.  Therefor, in such extreme cases, severing of hand was the last resort.

Sister zeynab and Br. Persian, that's exactly the way I see it too.  Br. Persian, you've put it best.  Assalaam alaikum and peace, dear all.