What are the necessary conditions for establishing theft requiring amputation via testimony (Bayyinah)?
Chapter on Amputation in Theft
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
Amputation is only obligatory based on two matters: clear evidence (Bayyinah) or confession (Iqrar). For testimony to be valid, it requires two male, free, just, Muslim witnesses. They must describe the theft, the protective enclosure (hirz), the kind and measure of the stolen property that reaches the required threshold (nisab), stating precisely what was stolen and its value from the enclosure. If the stolen property belongs to an absent person, and his agent demands restitution, the witnesses must specify the lineage of the enclosure (e.g., 'from the hirz of so-and-so') so it is distinguishable. If these conditions are met, amputation is obligatory according to the general opinion of scholars. Ibn al-Mundhir reports consensus among recognized scholars that the amputation of the thief is required if two free, Muslim witnesses testify to the theft and describe an act that mandates amputation.
Supporting text
If the stolen property belongs to an absent owner, and he has a present agent who demands restitution, amputation is required. If there is no present agent to demand it, amputation is not required based on the testimony.