“And Allah is Almighty, All-Wise.” That is, He possesses irresistible power and perfect judgment; therefore, out of His wisdom He ordained the amputation of the thief’s hand, both as a deterrent to criminals and as a protection for people’s wealth.
Earlier, Allah had already set out the penalty for highway robbers who wage war against Him in His words: “Indeed, the only recompense of those who wage war against Allah…” (Qur’an 5:33).
Some jurists hold that the ruler is free to choose among these punishments, doing whatever public interest requires and whatever will inflict the greatest deterrent effect. (1)
Others maintain (2) that the penalties are to be applied in proportion to the crime:
• If the offenders combine murder with the taking of wealth, they are to be both killed and crucified.
• If they commit murder but do not seize any property, they are to be killed without being crucified.
• If they seize property without killing, their right hands and left feet are to be amputated crosswise.
• If they merely terrorize people, without killing anyone or taking property, they are to be banished from the land—meaning they are barred from settling in any town, or they may be imprisoned, according to some scholars.