Definition
Larceny, known in Arabic as sariqah (سرقة), in Islamic jurisprudence signifies the taking away of another’s property in a secretive manner when the property is under proper custody. Custody refers to either locale, such as a house or shop, or personal guard, with someone overseeing the property directly.
Etymology
The term sariqah is derived from the Arabic root ’s-r-q’ (سرق), which means to steal or take secretly. The concept highlights both the act of theft and the secretive manner in which the act is committed.
Background
In Islam, sariqah is a crime with established punishments in the Qurʾān and is interpreted comprehensively across various Islamic schools. The Qurʾān prescribes, “If a man or woman steals, cut off their hands” (Qurʾān, Sūrah 5:38). This strict punishment aligns with the seriousness with which theft is viewed within the Islamic legal system.
Cultural Differences and Similarities
Islamic Jurisprudence Schools
- Hanafi School: Requires the stolen property to value at least ten dirhams for the hand to be amputated.
- Shafi’i School: Sets the threshold at a quarter dinar or twelve dirhams.
- Maliki School: Sets a lower threshold of three dirhams.
Despite these differences, all schools emphasize the need for clear evidence and a fair trial before punishment.
Synonyms and Antonyms
Synonyms:
- Theft
- Burglary
- Stealing
Antonyms:
- Donation
- Charity
- Gifting
Related Terms
Hudud: Punishments set by Islamic law which include amputation for theft. Diyah: Blood money or compensation for offences which doesn’t typically cover larceny. Tazir: Discretionary punishment for offences not covered by hudud.
Exciting Facts
- The punishment for theft outlined in the Qurʾān aims to serve as a deterrent.
- The required value for stolen items to warrant an amputation demonstrates the flexibility and thorough consideration in Islamic jurisprudence.
- The determination of what constitutes custodially protected property has a significant impact on the application of punishments.
Quotations
- “Theft murders the one who has it and inherits the legal woes of the owner.” – Anonymous Islamic Scholar.
- “Islamic law or Sharia meticulously defines every act and ensures justice and mercy coexist.” – Iqbal Khalil.
References & Suggested Literature
Essential Reading
- Fiqh al-Sunnah by Sayyid Sabiq
- The Reliance of the Traveller by Ahmad ibn Naqib al-Misri
- Shari’a: Islamic Law in the Contemporary Context by Abbas Amanat and Frank Griffel
Academic Articles
- “Comparative Analysis of Hudud Punishments in Islamic Jurisprudence” – Journal of Islamic Studies.
- “The Evolution of Penal Codes in Islamic Legal Thought” – Islamic Law and Society.
Further Studies and Inspiration
For a deeper understanding of Islamic criminal law and its application in modern contexts, consider exploring comprehensive collections of Hadiths, works on comparative jurisprudence, and interdisciplinary research on Sharia.
Rahman Ibn Aslam
Published on October 4, 2023
“Understanding brings peace, and peace paves the way to a just society. May our quest for knowledge always be steadfast and driven by a yearning for truth.”
