A Comparative Study of theft Punishable by Amputation from the Perspective of the Holy Quran, Jurisprudence and Criminal Law

The role of Islamic teachings in improving the social and organizational environment of reducing crime, as well as the place of approaches of Islamic teachings in the crime prevention program and the Islamic legal system, is of particular importance. In Islamic criminal jurisprudence, the crime of theft is the only financial crime that is subject to Hudud crimes with special conditions. The Holy Qur'an, as the main source of Islamic law in verse 38 of Surah Ma'idah, has ruled that the thief should cut off the hands of men and women, and this ruling is considered as one of the limits; But it is clear that the details of this general rule must be sought in the light of tradition and statutes. By examining the verse of theft, we have benefited from the jurisprudential and legal interpretations that the application of the application of the amputation of the theft's fingers requires meeting some pre- requirements in the theft theirselves requires conditions in the person of the thief, the act of theft and how to do it and the stolen property. In addition, the execution of hadd also has conditions that not meeting them, hadd will not be performed on the thief. The present study has investigated the verse of theft through a descriptive- analytical method based on a jurisprudential and legal approach.