Is the cutting penalty applicable for stealing pure minted gold equivalent to one quarter of a Dinar?
Chapter on Amputation in Theft
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
The cutting penalty (*qata'*) is obligatory if one quarter of a pure minted Dinar is stolen. If the gold is mixed with alloy or is unrefined bullion that requires smelting, the cutting penalty is not obligatory until the amount of pure gold reaches one quarter of a Dinar, because smelting reduces the mass. The cutting penalty is also applicable for stealing an amount of unrefined bullion, jewelry (*huly*), or fragmented gold (*qiradah*) equivalent to one quarter of a Dinar. This is affirmed by Ahmad, according to the narration of Al-Jawzajani, and is the position held by the majority of Shafi'i scholars. The evidence supports this because the term 'Dinar' can refer to fragmented or pure gold, not just the minted coin. Furthermore, it is generally impossible to steal exactly one quarter of a minted Dinar except in fragmented form. Additionally, the right of Allah (*haqq Allah*) attached to the minted coin extends to that which is not minted, similar to Zakat. If the stolen amount from fragmented or unrefined gold does not equal a quarter of a proper Dinar, there is no cutting penalty; however, if it reaches that measure, the penalty applies.
Supporting text
A dissenting view, held by some Shafi'i scholars, suggests that the cutting penalty is not obligatory because the term 'Dinar' specifically refers to the minted coin. The ruling regarding fragmented gold is subject to a prior disagreement concerning fragmented coins.