What are the foundational sources for Islamic law?
Chapter on Amputation in Theft
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
The foundation of jurisprudence rests upon the Book (Quran), the Sunnah (Prophetic tradition), and the consensus (Ijma). Evidence from the Quran is established by the verse concerning thieves: "As for the male thief and the female thief, amputate their hands" (Quran 5:38). Evidence from the Sunnah includes the narration from Aisha that the Messenger of Allah, peace and blessings be upon him, stated, "The hand is amputated for [the theft of] a quarter Dinar and above." Furthermore, the Prophet, peace and blessings be upon him, stated, "The people before you were only ruined because when a noble among them committed theft, they would let him go, and when a weak person committed theft among them, they would cut off his hand" (agreed upon sources). Muslims are in consensus regarding the obligation of cutting off the hand of a thief in principle.