نصاب السرقة الموجب للحد و أثره الإجتماعي

اليحيي, فهد بن عبدالرحمن (2009)

Minimum Quantity (Nisab) of Theft Necessitating the Eligibility of Amputation Had Penalty By: Dr. Fahd Abdul Rehman Al-Yahya The present research represents an earnest endeavor to shed light on a question of juristic importance –––– minimum quantity (Nisab) of theft committed that render it necessary to execute the amputation had penalty. This penalty is relative and prescribed in Islamic Sharia. It is also conflictual in nature. Divergence of opinions exists among different ranking Muslim jurists. Based on all such details, the present research incorporates the pertinent viewpoints of its researcher. The research, as a whole, comprises three broad segments –––– Introduction, six Sections and a Conclusion. Introduction provides a precise definitions on various terminology used. The present research, in its Sections One to Six, expounds salient topics of jurisprudential significance falling within the broad spectrum of Sharia context –––– requisites of Nisab (minimum quantity); relative extent of Nisab; validity point (gold or silver) related to Nisab; timings of Nisab assessment; equivalent quantity of Nisab in terms of contemporary weightage scales; and social impact associated with the determination of theft Nisab. The present research, in its Conclusion, offers some inferences. The following stand prominent: • ¬¬ The most accurate viewpoint expressed by Muslim jurists centers on the minimum quantity (Nisab) of theft. If it falls lesser than this limit, the thief will receive no amputation had penalty. • Minimum quantity of Nisab is one quarter of Islamic Dinar. Translated into modern currency rate, it is equal to 84,8 Saudi Riyals. • For assessment purposes, validity consideration is assigned to gold. Silver is given peripheral importance. • Timings of Nisab assessment is the timings of theft committed. No value is assigned to the after-theft phase. • Precise determination of Nisab carries profound social impact. It serves a decisive determinant to ensure crime prevention.