Is corporal punishment applicable for theft of endowed property (waqf)?
Chapter on Amputation in Theft
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
The hand of the thief must be cut off if the stolen item was endowed property, because the property belongs to the beneficiary of the endowment (mawquf 'alayhi). This ruling is based on the premise that the beneficiary possesses the property.
Supporting text
There is a potential view that the hand should not be cut off, based on the legal maxim that the beneficiary does not own the endowed asset itself.