Section
On Those Subject to Amputation for Theft
Amputation is required for free persons, slaves, non-Muslim subjects, and treaty-protected persons from hostile territories, whether men or women, provided they have reached puberty. This is the position of Mālik, al-Shāfi'ī, Abū Hanīfah, their followers, and the general body of scholars throughout all regions. Earlier disagreement concerned only runaway slaves; consensus was subsequently reached, given the general wording of Allah’s saying—Mighty and Majestic:
“As for the male thief and the female thief…” [al-Mā'idah: 38].
Section
On the Evidence Required for Amputation for Theft
Amputation is required only on the basis of upright testimony or a confession. The testimony must come from two upright male witnesses. Amputation is not imposed on the testimony of one witness together with an oath, nor on that of one man and two women. Confession falls into three categories:
The first is when someone comes forward voluntarily and confesses to theft before being apprehended or accused of it.
The second is when someone confesses after being accused and apprehended, without fear, intimidation, or threats.
The third is when someone confesses after being beaten, intimidated, or threatened.
The third is when someone confesses after being beaten, intimidated, or threatened.
If someone voluntarily confesses before being apprehended, he is subject to amputation without having to identify what he stole; there is no disagreement on this. He may retract his confession if he gives a plausible explanation for doing so. There is disagreement, however, if he denies ever having confessed, or offers no explanation for retracting his confession.
If his confession comes after he has been apprehended, there is disagreement. According to one view, his confession alone makes him subject to amputation, without his having to identify what he has confessed to stealing. This is the apparent meaning of the Book of Theft in al-Mudawwanah. Another view is: