What are the legal evidences upon which the conditions for the حد (prescribed punishment) of theft are based, especially the condition of breaking the secure enclosure?
Safekeeping (Al-Hirz) is one of the conditions for implementing the punishment (حد) for theft according to the majority of jurists. This is supported by the : "There is no cutting (of the hand) for dangling fruit or for a stolen mountain goat; but if it is taken to the pen or the threshing floor, then cutting is applicable if its value reaches that of a shield."
Other conditions are required for the implementation of the theft punishment: that the thief be a legally responsible person (mukallaf); that the theft be carried out secretly, based on the hadith: "There is no cutting (of the hand) for a betrayer, a plunderer, or an embezzler"; that the stolen item reaches the minimum value () for which the punishment is applied, based on the hadith: "The hand is cut for a quarter of a dinar or more"; that the stolen item be a legally respected property; and the absence of any doubt ().
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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- Read the full answer on Ftawy