22nd. OCTOBER, 2013
When hadd punishment for sariqah offences not imposed.
56. Hadd punishment for sariqah offence shall not be imposed in any of the following circumstances—
- (a) when the stolen property is less than the value of nisab;
- (b) when the offender is not mukallaf;
- (c) when the owner of the stolen property has not taken sufficient precaution to guard such property against theft, having regard to the nature of the property and place where the property is kept or left not in the hirz;
- (d) when the offender has not obtained full possession of the stolen property, although its owner has already been deprived of its custody or possession;
Illustration
A buys a watch, owned by B, from B. A pays part of the price of the watch before concluding the transfer of possession, A steals the watch. A is not liable to hadd punishment.
- (e) when the stolen property is of trifling in nature and can be found in abundance anywhere or is of perishable nature;
Illustration
A steals fruits in a garden which belongs to B and eats the stolen fruit in that area or place. A is not liable to hadd punishment.
- (f) when the stolen property is of no value according to Hukum Syara' such as intoxicating drink or instruments for amusement;
- (g) when the offence is committed by a creditor in respect of the property of his debtor who refuses to pay the debt:
Provided that the value of the stolen property shall not exceed the amount of the debt, or the value of the stolen property exceeds the amount of the debt but does not exceed the nisab;
- (h) when the offence is committed in circumstances of extreme difficulties such as war, famine, disease and natural disaster;
- (i) when the offence is committed within a family such as a wife stealing from her husband and vice versa, or son stealing from his father and vice versa;1699
