What is the ruling regarding theft from a large city structure (fustat)?

Chapter on Amputation in Theft

Al-Mughni

Book of Ḥudūd (Prescribed Penalties)

Book 51 · Issue 2 · Bab 2

Open in Qurani

Primary text

The obligation of amputation (qata') for theft from a large city structure (fustat) is held by Al-Thawri, Al-Shafi'i, Ishaq, and the Ashab Al-Ra'y (Hanafi school).

Supporting text

The Ashab Al-Ra'y stipulate that the punishment applies to the thief who steals from the structure, but not to the thief who steals the structure itself (the physical building).