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The question

Is it permissible, from a Sharia perspective, to file a complaint against a thief with the aim of imprisoning him, knowing that the thief wishes to return the stolen goods, but the victim refuses reconciliation and demands his imprisonment to deter him and others, even though the Hadd punishment for theft is amputation?

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Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

If a person steals a (minimum threshold) from a secure place without any doubt [of their guilt], their punishment is amputation, due to the Almighty's saying: "And the thief, male and female, amputate their hands as recompense for what they earned, a deterrent from Allah. And Allah is Exalted in Might and Wise." Imprisonment is not a punishment for a thief unless one of the conditions for amputation is not met, in which case it is permissible to discipline them with imprisonment. It is permissible for the one whose money was stolen to complain to the security authorities, even if the thief confesses and resolves to return the money. However, if the thief is not known for evil, and it is highly probable that they would cease [their wrongdoing] after being exposed, then it is better to pardon them and not report their matter to the authorities, due to the Prophet's (peace be upon him) saying: "Forgive each other the hudud punishments amongst yourselves, for if a hadd reaches me, it has become obligatory."

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
20257
Added here
. This is when the answer was added to El Fatwa, not the fatwa's date.
Text
Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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Read the full answer on Ftawy