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Text and translation
English translation
1448. Jābir narrated that the Prophet ﷺ said: "There is no cutting of the hand for the traitor or the embezzler, nor the plunderer." (Sahīh)
[Abū 'Eisā said:] This Hadīth is Ḥasan Sahīh. This is acted upon according to the people of knowledge. Muḡīrah bin Muslim narrated it – just as Ibn Jurāij did – from Abū Az-Zubair, from Jābir, from the Prophet ﷺ, and it is similar. Muḡīrah bin Muslim is from Al-Baṣrah, and he is the brother of 'Abdul-'Azīz Al-Qasmālī. This is what 'Ali bin Al-Madīnī said.
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Commentary
According to Qāḏī 'Iyād, cutting of hand is only the punishment for stealing; robbery, plunder or embezzlement is more than stealing. These offences are terrorist activities and cause of creating violence and disturbances in the society, so the state, on such actions, can award severe punishment in the light of Verse 34 of Sūrat Al-Mā'idah. The punishment may be execution or crucifixion.
