حدِ سرقہ: قرآن و سنت، آثارِ صحابہ اور فقہائے اربعہ کی روشنی میں ایک جامع تحقیقی و تطبیقی مطالعہ

The Prescribed Punishment for Theft (Ḥadd al-Sariqah): A Comprehensive Research and Applied Study in the Light of the Qur'an, Sunnah, Traditions of the Companions, and the Four Schools of Jurisprudence

Abstract

Ḥadd al Sariqah (the prescribed punishment for theft) is an established ruling in Islamic law, explicitly grounded in the Qur’an and further elaborated by the Sunnah of the Prophet Muhammad ﷺ. This study provides a comprehensive and analytical examination of Ḥadd al-Sariqah in the light of the Qur’an, Prophetic traditions, the legal practices and statements of the Companions, and the juristic positions of the four Sunni schools of law. It examines the principal conditions for its application, including niṣāb (minimum threshold), ḥirz (secure custody), lawful ownership, clandestine appropriation, adulthood, soundness of mind, free choice, and the absence of substantial doubt. Particular attention is given to the legal judgments and practices of the Rightly Guided Caliphs, especially ʿUmar ibn al-Khaṭṭāb (RA), to clarify the practical methodology of applying this ruling. The study demonstrates that although Ḥadd al-Sariqah is a firmly established Sharīʿah ruling, its application requires the fulfillment of all prescribed conditions, reliable evidence, and the absence of doubt. The practices of the Companions further indicate that necessity, hunger, coercion, social injustice, and public interest may be relevant in determining its application. The study concludes that the objective of Ḥadd al-Sariqah is not merely punitive; rather, it seeks to protect property, establish justice, maintain social order, preserve human dignity, and prevent crime. Its implementation must therefore be governed by justice, due investigation, legal certainty, caution, and strict compliance with the requirements of Sharīʿah.