Is the theft of religiously prohibited items, such as wine, pork, or carrion, punishable by amputation?
Chapter on Amputation in Theft
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
Theft of items whose essence is religiously prohibited, such as wine, pork, or carrion, is not punishable by amputation, regardless of whether the thief is a Muslim or a non-Muslim citizen (Dhimmi). This position is held by Abu Hanifa and his companions. The reasoning is that since the item itself is illicit, its theft does not warrant amputation, analogous to pork. Furthermore, what is not punishable when stolen from a Muslim's property (like carrion or blood) is not punishable when stolen from a Dhimmi's property.
Supporting text
It is reported from 'Ata that if a Muslim steals the wine belonging to a Dhimmi, the hand is cut off because it is their property, similar to stealing their silver dirhams. This view is disregarded because the ruling must follow the dictates of Islam, which govern the situation, rather than the specific rulings of the non-Muslim community.