58. People are urged to solicit all means which might bring them close to God and enable them to please Him.
59. The English imperative 'strive hard' does not do full justice to the
actual word used in the Qur'an: jahidu. The verbal form mujahadah signifies
and carries the nuance of doing something in defiance of, or in opposition to
someone. The true sense of the Qur'anic injunction 'strive hard' in the way
of Allah is that the Muslims ought to use all their strength and engage in vigorous
struggle against those forces which either forcefully prevent them from living
in obedience to God or force them to live in obedience to others than God. It
is this struggle which is likely to lead man to his true success and bring him
to a close relationship with God.
This verse directs the believer to engage in a ceaseless, multifrontal struggle.
On one side is the accursed Satan with his horde. Then comes the animal spirit
of man, with its defiant and refractory desires. Then there are many men who
have turned away from God, but with whom one is linked by social, cultural and
economic ties. Then there are false religious, cultural and social systems which
rest on rebellion against God and which force man to worship falsehood rather
than Truth. These rebellious forces use different means to achieve their end,
but those ends are always the same - to make men serve them rather than God.
But man's true progress and his attainment of close communion with God depends
entirely on his total obedience to God, on his serving God unreservedly in the
inner as well as in the external aspects of his life. He cannot achieve this
objective without engaging in simultaneous combat with all the forces which
are defiant and rebellious towards God, carrying on an unceasing struggle against
them and trampling down all obstructions to his advancement along God's path.
60. The injunction is to cut off one not both hands. There is consensus among
jurists that in the event of the first theft the right hand should be cut off.
This punishment has been laid down for theft alone. The Prophet (peace be on
him) declared: "There is no cutting off of a hand for he who embezzles.' (Abu
Da'ud, 'Hudud', 14; Tirmidhi, 'Hudud', 18; Ibn Majah, 'Hudud', 36; Nasa'i, 'Qat'
al-Sariq', 13 - Ed.) This shows that the punishment prescribed for theft does
not cover acts involving embezzlement and other dishonest practices. It is applicable
only to acts involving the seizure, by stealth, of someone else's property.
The Prophet (peace be on him) also instructed that the punishment of cutting
off a hand should not be applied in cases where the value of the article stolen
is less than that of a shield. In the time of the Prophet (peace be on him)
according to a tradition from Ibn 'Abbas, this was ten dirhams; according to
a tradition from Ibn 'Umar, it was three dirhams; according to a tradition from
Anas b. Malik, it was five dirhams; and according to another tradition from
'A'ishah, it was a quarter of a dinar. Owing to this discrepancy, there is disagreement
among jurists regarding the minimum value of the goods stolen which merits the
punishment of cutting off a hand. This value, according to Abu Hanifah, is ten
dirhams whereas according to Malik, Shafi'i and Ahmad b. Hanbal, it is one quarter
of a dinar (three dirhams). (For traditions on objects and amounts of things
on which the hand of the thief is to be cut off, see Bukhari, 'Hudud', 13; Muslim,
'Hudud', 1-7; Abu Da'ud, 'Hudud', 12, 13; Tirmidhi, 'Hudud', 16; Nasa'i, 'Qat'
al-Sariq', 5, 8-10 - Ed.)
Moreover, there are several things the theft of which would not necessitate
cutting off a hand. The Prophet (peace be on him) directed, for instance, that
no hand should be cut off if the stolen article was food. According to a tradition
from 'A'ishah: '(The hand of) the thief was not cut off during the time of the
Messenger of Allah for the theft of trivial things.' (Ahmad b. Hanbal, Musnad,
vol. 3, p. 464; Darimi, 'Hudud', 4, 7 - Ed.) Furthermore, 'Ali and 'Uthman gave
the judgement - and none of the Companions disagreed with it - that a person's
hand should not be cut off for stealing birds. 'Umar and 'Ali did not cut off
the hands of those who had stolen from the public treasury, and on this question
no disagreement on the part of any Companion has been reported. On these grounds
the founders of the schools of Islamic Law exempted certain things from the
application of this penal injunction.
According to Abu Hanifah a man's hand should not be cut off for stealing vegetables,
fruit, meat, cooked food, grain which is not stored in a barn, and instruments
of music and play. Likewise, he is of the opinion that a hand should not be
cut off for either stealing animals grazing in the forest or for stealing from
the public treasury. The founders of the other schools of Islamic Law have also
exempted the stealing of certain things from the punishment of cutting off a
hand. But this exemption does not mean that the guilty parties should receive
no punishment at all. (See the commentaries of Ibn Kathir, Ibn al-'Arabi, Qurtubi
and Jassas on this verse. See also Ibn Rushd, Bidayat al-Mujtahid, vol. 2, pp.
441 ff. - Ed.)
61. Forgiveness on the part of Allah does not mean that the hand of the thief should not be cut off. It means rather that one who repents and becomes righteous by purging his soul of the sin of stealing will be spared the wrath of God, Who will remove the stain of that sin from him. But if after his hand has been cut off the person concerned does not purge himself of evil intent and continues to nurture the same impure feelings which led to his stealing and thus to the cutting off of his hand, it is evident that even though his hand has been severed from his body, stealing remains ingrained in his soul. The result will be that he will continue to merit God's wrath as he did before his hand was cut off. The Qur'an therefore directs the thief to seek pardon from God and to try to reform himself. For the hand of that thief was cut off for the sake of the judicious administration of human society and the cutting off of a hand did not automatically purify the soul of the person on whom the punishment was carried out. Purity of soul can be achieved only by repentance and turning oneself to God. Traditions mention that after the hand of a thief had been cut off in compliance with the Prophet's order, he was summoned by the Prophet (peace be on him) himself who said to him: 'Say: "I seek pardon from God, and to Him do I turn in repentance.'" The thief uttered these words as directed by the Prophet (peace be on him) who then prayed for the thief, saying: 'O God, accept his repentance.' (Abu Da'ud, 'Hudud', 8 - Ed.)