|Theft: Punishment or Relief|
|Written by Abdun Nur J.|
The male thief, and the female thief, you shall cut their (three or more) hands as a remedy for their crime, and to serve as a deterrent from Allah (Not God). Allah ( Not God) is Almighty, Wise. (5:38)
[5:39] If one repents after committing this tort, and reforms, Allah redeems him. Allah is Forgiver, Most Merciful.
To steal something deprives an individual and possibly his family of the use of the object stolen, be it food or possessions, to steal from the community at large, deprives everyone who used the object of its use. In some cases this may further cost lives, depending upon what was stolen, but on the other hand it may only cost the loss of the object. (If a theft cost a life through their actions of larceny, they would be a murderer, and this would be the crime they would answer for.)
Under the prevailing doctrine of Christianised Hadithian Muslims, they interpret the Qur‘an to direct them to amputate hands.
The concept of punishment
What would be the purpose in amputating a living souls hand, it would serve as a warning, and so deterrent, being severe retribution for petty crimes, it would make it harder for a petty criminal to steal using his hands, it would make all aware that a thief was before them, from the physical evidence of a missing hand.
But it would also make it impossible for them to earn a living, it would create an enormous burden upon the community, having to support these disabled individuals their remaining lifetime, it would do absolutely nothing to help the victim/s of the crime, as the object would still be gone, it would do nothing to help the thief, making them wear the scar of their action no matter how Allah had transformed them within as they matured in the future, it would do nothing to make the community a fertile place for the natural development of every individual.
The truth of the Qur’an does not create such a detrimental directive, this concept of burden heaped upon the thief, and then invoking a lifetimes worth of burden upon the community, is not Qur’anic, simply a manmade interpretation, based upon revenge and hate.
To view a human being as so worthless in comparison to any inanimate object, would be the view of a sovereign, a dictator of injustice, an individual that holds physical wealth above human suffering. If you encounter an individual who promotes, and encourages the concept of the severing of hands; as a Muslim you must condemn, and if possible strip them of all and any authority, they hold no empathy or concern to the suffering of their fellow man, and so visibly demonstrate they are not Muslim.
The true Concept of Relief
The first thing to note is the three or more hands cut from the thief.
The first hand is any position of community responsibility, a position of service where the honesty of an individual would be a prerequisite.
The second hand is standing as a witness; they could not be trusted as an honest witness within the community.
The third hand is physical labour.
We generate wealth, as directed within the Qur’an, through our physical labours; this means we generate wealth through the utilisation of our hands.
To cut or confiscate our hands, means the fruits of the labours of the thieves hands must be cut, or more aptly confiscated to make reparations to the victims of the theft, the cost to the victim, or victims, this must be repaid, they must be duly compensated.
The labours of the thief must provide relief in full to their victim/s, this removes resentment, vengeance, hatred and resolves all dispute.
If the thief used violence against his victim, or victims, the same must be heaped upon them, and after this they must labour to recompense their victim, or victims, every action invokes a response, dependent upon the social system in operation. The tortious system is substantive; it functions without fictions of authority, but on torts and relief, arbitrated in equitable proofs.
The relief of the tort (wrongful act) of theft must be for the betterment of the thief, as well as to serve in dissipating all negative emotions on all sides.
The shame the thief carries, will imbed deeply within their mind, but the benefits they work at for the betterment of all will lighten their burden by this labour, the wealth generated from these efforts repays the loses to the victims, the community is satisfied equity is in balance, the thief has grown from the rewards of redeeming themselves in the eyes of their fellow man, so the burden in this system, is squarely upon the thief.
The conscious mind is the real gauge of equity; a tort is a wrongful act that causes mental distress or discomfort, or tortious injury, against another through a proven intentional action. No fiction of any sort, such as corporation, State, or government can therefore suffer a tort, as they have no mind to either suffer or inflict distress, only living souls are able to inflict and suffer torts.
To give relief to the mind of the thief, their friends and family must systematically confront the thief throughout a day, with every good thing they have ever done, relating how proud they have been of them in their good actions within the community, however small that maybe, and demonstrate to the thief how valued and essentially good they truly are, so shaming them through the positive not the negative, showing them how they have let themselves down, this final method of reform can be applied to any wrong that would have reasonable benefits.
If after the debt of the thief has been repaid, the thief repents their ways and establishes themselves within the community as a good and honest person, both Allah and the community at large may forgive and forget the actions of the past, this means they are redeemed within the minds of the people, if their conduct demonstrates transformation.
However it would always bar them from the holding of community responsibilities, or bearing witness, until the community at large was fully satisfied they had truly transformed themselves, in to a true and honest soul.
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