Is a tent or dwelling (khaymah or khirqah) considered secure property for the purpose of establishing theft requiring amputation (qata')?

Chapter on Amputation in Theft

Al-Mughni

Book of Ḥudūd (Prescribed Penalties)

Book 51 · Issue 1 · Bab 2

Open in Qurani

Primary text

A tent or dwelling is considered secured property if someone is inside it, whether sleeping or awake, because this is the customary manner of securing such structures. Thus, theft from it warrants the prescribed punishment (qata').

Supporting text

If the tent is empty and lacks a guardian or caretaker, the theft committed within it does not necessitate the prescribed punishment.