What constitutes 'theft' (*Sariqah*) justifying amputation?
Chapter on Amputation in Theft
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
Theft is defined as taking wealth secretly and covertly. This definition includes stealthily listening (*istiraq as-sama'*) or stealthily looking (*musaraqat an-nadhar*) if done in concealment. Amputation is not required if the taking is through snatching (*ikhtitaf*) or grabbing (*ikhtilas*). Evidence supporting this distinction is the narration from the Prophet, peace and blessings be upon him: "There is no amputation for the betrayer nor the snatcher/grabber." Another narration states: "There is no amputation for the plunderer."
Supporting text
Iyas ibn Mu'awiyah is known to rule for amputation upon the grabber (*mukhtalis*) because the act involves concealment in the taking, thereby classifying him as a thief. However, the scholars of jurisprudence and issuing rulings in major cities hold the contrary opinion.