How many times must a thief confess to theft for amputation to be established based on confession?
Chapter on Amputation in Theft
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
Amputation requires the confession (Iqrar) to be repeated twice. This is narrated from 'Ali, may Allah be pleased with him, and supported by Ibn Abi Layla, Abu Yusuf, Zufar, and Ibn Shubruma. Evidence for requiring repetition includes the Prophet's action of questioning the thief twice or thrice before ordering amputation, suggesting the first admission was not sufficient. Furthermore, 'Ali required the confession twice before ordering amputation in a known instance. This repetition is reasoned because the act involves destruction within a prescribed penalty, thus requiring corroboration similar to the hadd for Zina. It is also argued that confession to a hadd requires repetition, similar to testimony.
Supporting text
A'ta, Al-Thawri, Abu Hanifa, Al-Shafi'i, and Muhammad ibn al-Hasan hold that one confession suffices, viewing it as a right of the victim (Haqq Adamiy) which is established by a single admission, unlike a hadd punishment that requires repetition, such as Zina.