Is the cutting off of the hand mandatory for stealing a copy of the Mushaf (Qur'an)?
Chapter on Amputation in Theft
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
The cutting off of the hand is not mandatory for stealing a Mushaf, according to Abu Bakr and Al-Qadi. This is also the position of Abu Hanifa, based on the reasoning that the primary value of the Mushaf is the Divine Word contained within, which is not permissible to be exchanged for compensation. Conversely, Abu Al-Khattab chose that the hand must be cut off, aligning with the apparent view of Ahmad, who stated that if someone steals a book containing knowledge for study, the cutting applies to anything whose value reaches three dirhams. This view is adopted by Malik, Al-Shafi'i, Abu Thawr, and Ibn Al-Mundhir. The evidence relies on the generality of the verse concerning all thieves and the fact that it is a valuable item exceeding the *nisab* (minimum threshold), thus mandating the cutting, similar to books of Fiqh. There is no disagreement among our associates regarding the obligation of cutting for stealing books of Fiqh, Hadith, and other religious sciences.
Supporting text
No secondary view is mentioned for the primary ruling on the Mushaf itself, only for the attached ornamentation.