What is the consequence if the thief retracts their confession before amputation is carried out?

Chapter on Amputation in Theft

Al-Mughni

Book of Ḥudūd (Prescribed Penalties)

Book 51 · Issue 10 · Bab 2

Open in Qurani

Primary text

If the thief retracts their confession before the amputation is fully executed, the amputation is nullified. However, the requirement to reimburse the value of the stolen goods remains, as that constitutes a right belonging to the victim (Haqq Adamiy). If the thief confessed only once, only the financial liability remains, not the hadd amputation. If the retraction occurs after part of the joint (hand) has been cut, and the remaining portion is expected to heal, the rest of the joint is not removed because the cutting performed was minimal. If most of the joint was removed, the victim has the choice to leave it as is or complete the removal to relieve the burden of the dangling part; the cutter is not obliged to complete it, as the completion would be considered treatment (Tadawi) rather than a prescribed punishment (Hadd).

Supporting text

If the thief confessed only once, only the financial liability for the stolen goods is established, but not the amputation.