What is wrong with cutting hands of thieves?

[Southie]

Re: What is wrong with cutting hands of thieves?

@teggy

A Qazi would need to pass a judgement based on all circumstantial evidence. If the person was stealing due to economic reasons, then it would be wrong to punish the person for a situation that was pre-existing due to fault of the Government whose sole responsibility it is to provide for its citizens. During the Caliphate of Umar (r.a.), there was a brief period when the punishment of theft was suspended because of shortage of food/rations, because it would not have been fair to punish someone for attempting to survive. Belief of Umar was such, he feared that even if a stray dog dies in lands of his Caliphate due to hunger, he would be held to account for it.

A Qazi has to have the power to also find the Government at fault, if it turns out the economic situation was such that a person’s hand was forced to commit a crime just to feed his/her family.

In a perfect Islamic state, it would be expected to have Islamic laws of Governance otherwise it wouldn’t be an Islamic state. Each society is entitled to laws according to the belief system of its’ people.

Thanks Teggy! Nicely written.

I do see the logic of not punishing for a pre existing state of poverty.