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Cutting the hand of the thief is suspended in a Famine - Islam for Muslims - Nairaland

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Cutting the hand of the thief is suspended in a Famine by proudlyYoruba(m): 8:16am On Apr 12, 2018
Assalaamu Alaikum Wa Rahmatullah Wa Barakaatuhu our respected Sheikh, may Allah increase your knowledge and virtue,
I would like to ask and am confident in your virtue to be able to respond,
We have learnt that ‘Umar Ibn Al-Khattaab (ra) did not cut the hand of the thief in the year of the famine. So was the suspension of this Hukm in this circumstance only due to an ‘Illah (Sharee’ah reasoning) that had ceased to be and the Hukm of cutting ceased to exist along with it?? And if that is the case then what is the ‘Illah for the Hukm of cutting? And do the ‘Uqubaat (punishments) have ‘Ilal (legal reasonings), in origin, which they revolve around?
Barakallahu Feek
Answer
Wa Alaikum Assalam wa Rahmatullah wa Barakataahu,
1. In regards to what ‘Umar (ra) did, he applied the Hukm Ash-Shar’i as it has been found in Islam. This means that the application of the Hukm was not suspended. Rather he applied it as it must be done. That is because there are circumstances in which it is not permitted to cut the hand which include the circumstance of the famine, and so it is not permissible to cut the hand in it.
2. Consequently, the non-implementation of the Hudood in the year of the drought (i.e. year of the famine) reverts to the Hukm Ash-Shar’i related to the non-application of the Hadd (prescribed punishment) for theft in the year of the famine… That is because that represents the Hukm Ash-Shar’i in this situation or circumstance.
3. As for your question about the ‘Ilal (legal reasoning) in relation to the ‘Uqubaat (punishments), then yes, it is possible for them to include ‘Ilal and for Qiyaas to occur in respect to them… However, the ‘Uqubaat include within them the meaning of the ‘Uqubah (punishment) and the meaning of the Haddiyah. As for the meaning of the Haddiyah which refers to the quantifying of the Hadd (set prescribed punishment) and its kind, then this is not reasoned (i.e. it does not have an ‘Illah). Consequently, the Hadd is not increased upon or decreased whether this was in respect to the quantifying of the Hadd (Miqdaar) or in the number (‘Adad) of the Hudood, as these are restricted within the Shar’iyah evidences. As for the meaning of the ‘Uqubah (punishment) in respect to the Hadd, then what applies upon the ‘Uqubaat (punishments) applies to it in terms of the ‘Illah and Qiyaas (analogy)
Re: Cutting the hand of the thief is suspended in a Famine by proudlyYoruba(m): 8:19am On Apr 12, 2018
Y

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