Is a claim required for the cutting off of the hand for grave robbery (Nabbash)?
Chapter on Amputation in Theft
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
There are two potential opinions regarding the necessity of a claim for the penalty related to grave robbery. One opinion suggests that a claim is indeed required, similar to other stolen properties. Following this view, the heirs must make the claim because they stand in the place of the deceased regarding his rights, and this is considered one of his rights.
Supporting text
The second view maintains that a claim is not required. This is because the requirement for a claim in theft concerning the living was instituted to prevent the property belonging to the thief from being claimed, which is not the case here where the deceased has relinquished ownership.