What is the ruling if all fingers of the right hand are missing?

Chapter on Amputation in Theft

Al-Mughni

Book of Ḥudūd (Prescribed Penalties)

Book 51 · Issue 3 · Bab 2

Open in Qurani

Primary text

If all fingers of the right hand are gone, there are two related opinions. One view holds that the hand is not cut, but the foot is amputated, because the palm alone does not incur the penalty of a full hand amputation, thus resembling the forearm. The second view mandates cutting the hand because the palm itself is part of what is amputated for theft, so its presence necessitates cutting, similar to when only the little finger or ring finger is missing.

Supporting text

If some fingers are missing, consideration is given to which ones. If the little finger and ring finger are gone, or one other finger besides them, amputation of the hand is due because the majority of its utility remains. If only one finger remains, it is treated as if all fingers are gone. If two fingers remain, there are two views on whether this is treated like a healthy hand or one where all fingers are gone. The preferred opinion is to amputate the hand because its utility has not been entirely lost.