Note 32 — Chapter V

Note 32.—On the Punishment of Theft. The Mohammadan law ordains that a person who is adult and of sound mind, if he steals an article of the value of a quarter of a deenár (or piece of gold) from a place to which he has not ordinary or free access, shall lose his right hand; but this punishment is not to be inflicted for stealing a free child, or anything which, in the eye of the law, is of no pecuniary value; as wine, or a musical instrument; and there are some other cases in which the thief is not to be so punished. For the second offence, the left foot is to be cut off; and for the third and subsequent offences, according to the Ḥanafee code, the culprit is to be punished by a long imprisonment; or, by the Sháfe'ee law, for the third offence, he is to lose his left hand; for the fourth, his right foot; and for further offences, he is to be flogged or beaten. The punishment is the same for a woman as for a man.—This law induced a freethinking Muslim to ask, "If the hand is worth five hundred deenárs, [this being the fine for depriving a man of that member,] why should it be cut off for a quarter of a deenár?" He was answered, "An honest hand is of great value; but not so is the hand that hath stolen."—Amputation for theft is now seldom practised: beating, or some other punishment, is usually inflicted in its stead for the first, second, and third offence; and, frequently, death for the fourth.