THE FIQH DEPARTMENT

In the Name of Allah, The Most Beneficent, The Most Merciful.
Although every Fiqh opinion is based on evidence, often times, the scholars differ in their views. This room for differences is a mercy from Allah, and as long as there is evidence to support an opinion, then we must respect scholars' views, even if we may not always agree.
The Prophet (SAW) said:
"Whoever performs Ijtihad and errs will receive one reward. Whoever performs Ijtihad and arrives at the correct answer gets double the reward"
(Bukhari) 
Can a Thief Have His Hand Surgically Reattached? PDF Print E-mail
Fiqh: Islamic Jurisprudence - Hudud: Punishable Crimes
Written by Permanent Committee   

Question:

In the event that the punishment of amputation is carried out, is the criminal entitled to have the amputated hand reattached by means of a surgical procedure?.


Answer:

Praise be to Allaah.  

 

The thief has no right to have the amputated hand reattached, because that means that the signs of the punishment for his crime disappear, and the effectiveness of the rebuke and lesson is lost. It is contrary to the idea of punishment and example as mentioned in the verse in which Allaah says (interpretation of the meaning): 

“And (as for) the male thief and the female thief, cut off (from the wrist joint) their (right) hands as a recompense for that which they committed, a punishment by way of example from Allaah. And Allaah is All‑Powerful, All‑Wise”
[al-Maa'idah 5:38] 

 

 

The Permanent Committee

Fataawa al-Lajnah al-Daa’imah, 22/220.


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