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Shiavault - a Vault of Shia Islamic Books Your Questions Answered (volume 7) Q. 40: Character of Rights Is this Charter of Rights available in English and where? A: Yes, it was translated by me in 1968; and published in Karachi and Vancouver (Canada). Now it is going to be printed in Dar es Salaam. At present you may order it from: Syed Muhammad Rizvi 7 EL Dorado Street Richmond Hill, Ontario, Canada L4C 0G9. Q.
41: CONDITIONS FOR CUTTING A THIEF'S HAND: I wonder if the Shari'ah law of amputating a thiefs hands is acceptable in the eyes of Allah, if a person is forced by abject poverty to steal food items? A: No. His hand will not be amputated. The Islamic shari'ah is not blind to the realities on the ground. I think I should give you a short description of the conditiona which should be kept in view before deciding such cases.
(1) The thief must be adult, sane, and a free man; (2) he should not have taken it thinking that it is his own thing; (3) the alleged thief is not a joint owner of that thing; (4) the stolen thing was kept in a safe place (for example, under lock) and the thief did break into it either alone or with the help of others; If someone else broke the lock, and afterwards the thief entered into the place and took something from there, his hand will not be amputated; (5) the thing stolen is not the property of his son (If a father has stolen from his son, he will not be given that punishment of cutting the hand); (6) he takes it stealthily, not openly; (7) the stolen thing is at least equal in value to 21 grm.
of gold. If one steals food during a general famine, his hand is not to be cutoff. If all conditions are fulfilled then according to the Qur'an, his hand must be cut off. In Shi'a Shari'ah, 'hand' here means 4 fingers of the right hand. Q. 42: CONDITIONS AND PUNISHMENT OF APOSTACY: What is the meaning, conditions and punishment for ridda? A: Riddah or irtidad means apostasy.
First, let me describe conditions and various ways of apostacy:- A) Conditions of Apostasy: Five condtions must be fulfilled before a person could be declared a murtadd (apostate): & 2) He must be adult and sane; 3) He must be knowing what he is speaking. If a word of kufr (disbelief) slips out of his tongue without his having any intention to do so, it would not be held against him. He should be knowing that it is a word of kufr and then uses it in that same meaning.