Chapter

As for the thief, his right hand must be cut off according to the Quran, the sunnah, and scholarly consensus. Allah Most High says:

“The male thief and the female thief—cut off their hands as recompense for what they have committed and as a deterrent from Allah. Allah is Almighty, All-Wise. But whoever repents after his wrongdoing and reforms, Allah will turn to him in forgiveness. Indeed, Allah is All-Forgiving, Most Merciful.” (38) [al-Mā’idah: 38–39]

Once the prescribed penalty has been established against him by evidence or confession, it may not be delayed through imprisonment, [أ/ق 40] the payment of property as ransom, or anything else. Rather, his hand is to be cut off during sacred times as well as at other times.

Enforcing the prescribed penalties (1) is an act of worship, like striving in the cause of Allah. It should be understood that enforcing a prescribed penalty is a mercy from Allah to His servants. The ruler must therefore be firm in enforcing it and must not allow compassion regarding Allah’s religion to cause him to suspend it. His purpose should be to show mercy to people by restraining them from evil deeds, not to vent (2) his anger or assert his superiority over them.

This is like a father disciplining his son. If he refrained from disciplining him—as the mother might counsel out of tenderness and compassion—the child would be ruined. He disciplines him only out of mercy toward him and a desire to set his affairs right, even though he wishes and would prefer not to have to discipline him. It is also like a physician administering unpleasant medicine to a patient; like amputating a limb consumed by disease (3), cupping, opening veins for bloodletting, and similar treatments. Indeed, it is like a person taking unpleasant medicine and subjecting himself to hardship in order to attain relief.