Analyzing the condition of breaking into safe custody in theft and larceny charges subjected to punishment based on Sakuni's narration

Reviewing jurists' interpretations, most are in consensus that while seizing property would undoubtedly be subjected to HAAD punishment, it would be the same if the larceny or theft done by breaking into safe custody as one of the punishable conditions. Even though those Fokaha who believe that breaking into safe custody is not a binding condition subjected to HADD punishment, most of them have no critiques to offer. Accordingly, the legislator follows the majority of jurists' point of view, and after validating the legitimacy of seizing property and larceny as a condition subjected to HADD punishment outlined by Article 268 of the Islamic Penal Code 2013, legalizes the breaking into safe custody as a condition subjected to HADD punishment as well. Analyzing the jurists' evidences, the authors of this study arrived at the conclusion, based on some reasons including abolition of ineffective features, that there is no necessity to ratify the breaking into safe custody as a condition subjected to HADD punishment but the former, stealing and seizing one's property, is enough to subject the theft perpetrator to HADD punishment.