An Evaluation of Niṣāb) Threshold (for the Punishment of Theft with Reference to Selected Jurisprudential Exegeses and Hudood ordinance 1979(The Offences Against Property)

Abstract

This research paper studies the Hadd e Sarqah (Hang amputation punishment for theft). Islamic jurists have outlined several conditions for implementing the Hadd of theft. Among these, the condition that the stolen item or its value must reach a Niṣāb (minimum threshold) is fundamental. This research investigates what the exact amount of this Niṣāb is. The discussion explores whether there is a consensus on this matter or divergent opinions among scholars, identifying the most authoritative view and the reasoning behind it. This comprehensive analysis is based on the insights from two renowned Quranic commentaries—Tafsir Al-Jassas and Tafsir Al-Qurtubi—making it necessary to introduce these works and their distinguished authors briefly.

Qualitative and comparative methods has benn employed in this research. After detailed discussion, it was concluded that according to the Shafi'i school, the threshold (niṣāb) for theft is a quarter of a dinar or its equivalent in value. According to the Maliki and Hanbali schools, the threshold for theft of gold and silver is a quarter of a dinar and three dirhams, while according to the Hanafi school, it is ten dirhams. The majority's position is based on strong evidence, whereas the Hanafi position, although more cautious, is not as substantiated by evidence.

The jurists unanimously agree that theft below the threshold amount does not warrant the punishment of amputation. The ahadith that mention theft below the threshold amount are not to be taken in their apparent and literal sense. Pakistan's Hudood Ordinance for theft is aligned with Shariah. The researcher recommends that these laws be implemented to reduce the increasing incidents of theft.