Cutting the hand for theft creates a contradiction

[Arnold Yasin]

5:38

والسارق والسارقة فاقطعوا ايديهما جزاء بما كسبا نكالا من الله والله عزيز حكي

Waalssariqu waalssariqatufaiqtaAAoo aydiyahuma jazaan bimakasaba nakalan mina Allahi waAllahuAAazeezun hakeemun

As for the thief, whether man or woman, cut his hand as punishment from God for what he had done; and God is all mighty and all wise.


فمن تاب من بعد ظلمه واصلح فان الله يتوب عليه ان الله غفور رحيم5:39

Faman taba min baAAdi thulmihiwaaslaha fa-inna Allaha yatoobu AAalayhiinna Allaha ghafoorun raheemun

But those who repent after a crime and reform, shall be forgiven by God, for God is forgiving and kind.


"Qata'a means to cut, but when used with different nouns it means different things idiomatically, for which see Raghib and Taj al-'urus, such as to stop someone from speaking when used with lisan, toungue, or cut off the road when used with sabil, or become hopeless when used with rajul,man, etc. In 12:31, for instance, qata'na aidihunna means they wounded their hands or stopped peeling fruit, not cut off their hand. Hense here, in 5:38, it could also mean to stop their hands from stealing by adopting deterrent means, for the next verse, 39, speaks of repentance and forgiveness whith overtones of rehabilitation, which would be lost if the hands were cut off completely or amputated. Similarly in v.33 tuqtta'a could mean to restrain them by putting fetters on one hand and one leg.


During the Ummayyad caliphate, the punishment for theft was flogging."


Page 113, note 2. Ahmed Ali "Al Quran: A contemporary Translation" 9th edition, 1993. Princeton University Press ISBN 978-0-691-07499-3


Dr. Shabbir explains it also in QXP:


5:38 (Theft is a crime that steals away the sense of security from a

society.) A habitual thief, male or female, must have their ability (to

steal) cut off. This is the reward for their doings, and a deterrent from

God. God is Mighty, Wise.


[Saariq = Habitual thief. Nakala = Deterrent. For Qat’a yadd, the socalled

cutting of hand, please see 12:31 about Egyptian women ‘cutting

their hands’. Yadd = Hand = Ability = Power. ‘God’s hand’ at many

places in the Qur’an, of course, denotes His Power and authority. So,

consider all circumstances with wisdom, and take measures to prevent

this crime in the society. See 5:39 for repentance and making amends. If

the hand is cut off, where is the room for mercy? Here is an interesting

reference from Mathew Chapter 18, verses 8-9, The New King James

Version.


And if your hand or foot causes you to sin, cut it off and cast it from

you. It is better for you to enter into life lame or maimed, rather than

having two hands or two feet, to be cast into the everlasting fire.

And if your eye causes you to sin, pluck it out and cast it from you. It is

better for you to enter into life with one eye, rather than having two eyes,

to be cast into Hell fire]


5:39 Whoever repents after the crime and makes amends, certainly,

God grants him pardon. Surely, God is Forgiving, Merciful. [If the hands

are cut off, where are the making amends, pardon and mercy?]


Page 155, 2007. QXPiv (The Qur'an as it Explains Itself (Fourth Edition) By Shabbir Ahmed, M.D.

[sidqi]

Two counter thoughts coming to mind.


1.You are right. If a thief is punished here by cutting his hand, then there is no mercy and also, he will suffer for his whole life and logically should not be subject to further punishment on the day of justice. This is not possible, as every deed will be dealt. Also to cut a hand on a piece of bread is not logical, since his depriviation may be due to society's injustice, and there is an element of innocence. Lots of one handed people is not a very appealing view of Islam.


On the other hand,


2. If Allah says that Quran is simple and easy. (22/16, 54/17, 55/2), then word Qataa mean Qataa. (cut is cut).


Quran is for all human beings, including commoners, illitrates, and villagers to understand and follow as they read, and not for only Aalims, professors, educated societies or big cities. Why would Allah make this interpretation so complicated that people need very intellegent teachers even in remote villages.


Although it looks brutal , but has its advantages. The nature of mankind is such that only fear stops them from crime. If we see yeasterday's or today's world then we will notice that places, where laws are tough and enforced, are comparitively safer. Saudi arabia has minimum crime rate. The word Qataa is an icon. If followed once then fear will stop people from theft of all kind, weather piece of bread or huge banking frauds. We have to strive for a crime free world wide society. Why so much stealing is going on today, in every country at every level. Stealing is no more a crime or even a bad deed. In fact the bigger the thief, more powerfull he is. Most State heads are biggest thieves. Zardari, now President of Pakistan is a known criminal, an all time thief of state.


Question. is there any history that this practice was followed during Prophet's or first four Caliphate's period. If yes, then, were they wrong or brutal.


Both views are in contrast. we would appreciate your further guidence.


Sidqi.