What is the ruling on cutting the hand if the ornamentation on a stolen Mushaf reaches the *nisab*?

Chapter on Amputation in Theft

Al-Mughni

Book of Ḥudūd (Prescribed Penalties)

Book 51 · Issue 2 · Bab 2

Open in Qurani

Primary text

If the ornamentation on the Mushaf reaches the *nisab*, there are two derived opinions among those who do not mandate cutting for the Mushaf itself. The first opinion states that the hand is not cut, which is a deduction from the view of Ishaq ibn Shaqil and the Madhhab of Abu Hanifa, as the ornamentation is considered secondary to the item whose theft does not mandate cutting, similar to the garments of a free person. The second opinion states that the hand must be cut, which is the view of Al-Qadi, because the thief has stolen an amount of ornamentation that meets the *nisab*, thus mandating the cutting, as if the ornamentation had been stolen separately.

Supporting text

The basis for these two derived opinions originates from the ruling concerning the theft of a child wearing ornamentation.