Is the hand of a Muslim cut off for stealing the property of another Muslim or a Dhimmi?
Chapter on Amputation in Theft
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
The hand of a Muslim is cut off for stealing the property of another Muslim or a Dhimmi, and the hand of a Dhimmi is cut off for stealing their property. This is the position held by Al-Shafi'i and the Ahl al-Ra'y (Hanafi school), and no opposing view is known regarding this principle. Furthermore, if a Harbiy (non-Muslim enemy combatant) enters under safe conduct (Musta'man) and commits theft, his hand shall be cut off. The proof for imposing this punishment is that it is a Hadd (fixed punishment) that is claimed, thus it must be inflicted, similar to the Hadd for slander (Qadhf), which safeguards honor. Since cutting off the hand safeguards wealth, if one type of Hadd is incumbent, the other must also be incumbent upon him.
Supporting text
Ibn Hamid and Abu Hanifa and Muhammad hold that the Harbiy under safe conduct is not subject to this Hadd, likening it to the Hadd for Zina (fornication), which is not applied to him. Ahmad has explicitly stated that the Hadd for Zina is not applied to him. Al-Shafi'i holds two positions concerning this matter.