Is amputation the ruling for theft of property from securely possessed moving camels?

Chapter on Amputation in Theft

Al-Mughni

Book of Ḥudūd (Prescribed Penalties)

Book 51 · Issue 4 · Bab 2

Open in Qurani

Primary text

If property valued at the *Nisab* (threshold for amputation) is stolen from the cargo of securely possessed moving camels, amputation is mandated. If the camel itself is stolen, amputation is also mandated. This applies if the owner is not asleep upon the stolen camel.

Supporting text

Abu Hanifa argues that if the entire camel is stolen along with everything on its back, amputation is not required because taking the whole package does not violate the security of the property within the load, equating it to stealing parts of the securing mechanism. The rebuttal states that the camel is secured by its owner; even if it were not otherwise secured, stealing it involves stealing from a secure location (the owner's possession), similar to stealing property from a secured box inside a secured house, which mandates amputation.