Sahih al-Bukhari 6789: Book 86, Hadith 18 Vol. 8, Book 81, Hadith 780
Narrated `Aisha: The Prophet said, “The hand should be cut off for stealing something that is worth a quarter of a Dinar or more.”
The term “amputation” generally refers to the surgical or traumatic removal of a limb or body part while cutting the hands, specifically, can be considered a form of amputation when it results in the complete or near-complete detachment of the hand.
The key difference lies in the cause and context: amputation can be a planned procedure to punish the thief while cutting the hands can refer to an event like an accident or it can be a form of punishment.
The claimed on the ruling of Allah concerning theft, that the hand should be cut off from the wrist joint. Al-Nawawi said in his commentary on Sahih Muslim: Al-Shaafa’i, Abu Haneefah, Maalik and the majority of scholars said: The hand should be cut off from the wrist, where the hand meets the forearm.
On the contrary, cutting the hand in the Qur’an is not amputation as opposed to that being defined above by scholars in the Islamic Hudud law as evidence shown in Surah Yusof where cutting the hands were mentioned that can be taken as a way of illustration of punishment for the thief.
Cutting the hands for stealing
S5:38-39 As for the thief, male or female cut off his or her hands: a punishment by way of example, from God, for their crime: and God is exalted in power. But if the thief is repentant after his crime and made amends his conduct, God turn to him in forgiveness: for God is Oft Forgiving, Most merciful.
In the S5:39 it is stated when the thief committed a theft and he repented after his crime and amends his conduct, God said that he is to be forgiven and no action is to be taken against him. But subsequently if he repeats the crime then cut off his or her hands as exemplary punishment. The Arabic words cutting the hands does not necessarily means cutting to amputate or to disable or to make handicap to the hands but the cutting of the hand is only to inflict wound for self-awareness and consciousness. The example is shown when the ladies cut their hands while in exhilaration mood watching Joseph a handsome man parade in front of them as shown in the following verses:
S12:31 When she heard of their malicious talk, she sent for them and prepared a banquet for them: she gave each of them a knife: and she said (to Joseph), “Come out before them.” When they saw him, they did extol him, and (in their amazement) cut their hands: they said, “Allah preserves us! No mortal is this! This is none other than a noble angel!
Here the Arabic word is the same as in Surah 5:38 of cutting the hands of the thief and if taking the meaning as shown in the above incident then the ladies did not amputate their hands but unwittingly inflicted wound on themselves.
There is therefore a correlation in cutting the hands of the thief as the above incident shown it is not to disable their hands but inflict wound so that he or she is made consciousness of their wrong doings. The same example can be applied to the thief by giving him a knife and make him cut his own hand to be conscious of his crime so as for him to be repentance.
Apart from cutting the hand to inflict consciousness on the thieves there is also another example of punishment for the thief in the Qur’an, it is the jail sentences or confinement that can be imposed on the thief for his crime.
Imprisonment for stealing valuables
In the Quranthere is also the jail sentence or confinement as a punishment for the thief where the following verses are referred:
S12:73-75 The brothers said: “By Allah! Well, ye know that we came not to make mischief in the land, and we are no thieves!” (The Egyptians) said: “What then shall be the penalty of this, if ye are proved to have lied?” They said: “The penalty should be that he in whose saddle-bag it is found should be held (as bondman) to atone for the crime. Thus, do we punish the wrong-doers!”
As shown in the above the duration of detention for the thief can be made in commensurate to the valuables he stole, the more expensive the valuable the longer in confinement is he to be atoned for his crime.
Thus, the Quran never conceded the amputation of the hands to punish the thief but to inflict wound by the thief cutting his own hand himself so he is to be conscious of his crime and be repentance and then there is the jail sentence to commensurate to the seriousness of the crime he did which can be implemented and done with justice.
Nevertheless, those who practise cutting the hands without referring to various examples shown in the Quran will find that they will not and cannot do justice as they will amputate all thieves irrespective of the value of the items they stole. Since there is no “yardstick” in the level of amputation as a consideration to the seriousness of the crime, it deprive the thief an opportunity for reform or a chance of redemption.
It is only with the Quran we can make judgment with justice –
S4:58 Allah doth command you to render back your Trusts to those to whom they are due; And when ye judge between man and man, that ye judge with justice: Verily how excellent is the teaching which He giveth you! For Allah is He Who heareth and see all things.
Pondering with Saifuddin's index 