Sariqah—A Comprehensive Overview
Definition and Overview
In Islamic law, Sariqah (Arabic: السرقة) refers to the act of theft, which is treated with utmost seriousness and strict juridical measures. The term encompasses:
- Al-Sariqah al-Sughra (السرقة الصغرى): Simple theft calling for the amputation of the fraudster’s right hand.
- Al-Sariqah al-Kubra (السرقة الكبرى): Involvement in a more severe act of theft, where stake contested interpretations lead to harsh punishments, including the amputation of the right hand plus the left foot.
Etymology
Sariqah is derived from the Arabic root س–ر–ق (S-R-Q), meaning to steal or commit theft. This root is frequently associated with acts forbidden and detested in Islamic society, mirroring the importance placed on public and personal security.
Historical Context and Legal Background
Islamic law, Sharia, classifies crimes into various categories, Hudud being a primary one, which includes crimes directly outlined in the Qur’an and Hadith. Theft is a Hudud offense, hence defining its mandate in a religious context, necessitating strict punitive measures due to its gravity.
The prescription of punishments historically varies, contextualized by stringent evidence norms which made literal punishments rare:
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Stringency in Evidence: Requires witness testimony (two males or one male and two females), the condition of material worth, and verification of actual possession gainment by the thief.
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Exceptions and Distinctions: Presence of urgent need, such as hunger, may exempt from the harshest penalties. Reiteration of larceny accentuates penalties leading to multiple body part amputations or even lifelong incarceration. Lethal occurrences during theft prompted capital punishment.
Cultural Differences and Similarities
Different Islamic schools of thought—Hanafi, Shafi’i, Maliki, and Hanbali—render varied interpretations and emphasize distinct elements. For instance, the Hanafi school puts more restrictions on Sariqah primarily to limit the penalty implementation, resonating empathetic views on socioeconomic conditions.
Synonyms and Antonyms
Synonyms:
- Al-Sariqah al-Sughra
- Al-Sariqah al-Kubra
- Theft
- Larceny
Antonyms:
- Amanah (أمانة): Trust, Custodianship, Honesty
- Sidq (صدق): Truthfulness
Related Terms and Definitions
Hudud (الحُدود): Divinely ordained punishments in Islamic criminal jurisprudence.
Hadd (حد): A single boundary or fixed punishment for particular crimes detailed in Islamic law.
Exciting Facts
- Judiciaries almost never implement amputations historically due to strict evidentiary criteria, showcasing that deterrance and justice aimed to balance over literal edict enforcement.
- Hunger-related defenses dated back ādil-Rāshidūn Caliphate, commiserating empathy in law application.
Quotations from Notable Writers
Ibn Khaldun: “The punishment for theft should deter others and create a moral restraint so embedded, that the act becomes abhorred.”
Imam Malik: “In pressing necessity, human compassion surpasses judgement – thus, hunger begging no cutting hand.”
Suggested Literature and Sources
Books:
- “Shari’a: Theory, Practice, Transformations” by Wael B. Hallaq
- “Crime and Punishment in Islamic Law: Theory and Practice from the Sixteenth to the Twenty-First Century” by Rudolph Peters
“It is the penalty, a delicately structured deterrence devised in the mystical folds of Shari’a law to uphold justice, deterrent and retribution meticulously balanced."
– Amina Al-Fahad on Hudud Legal Traditions
Understanding the wisdom entailed in Islamic judicial arrangements like Sariqah traverses across eras, binding justice, compassion, and deterrence as integrative ethics rather than fixed punitive measures. Let these aspects of centuries-old wisdom inspire our modern matrix of law and governance, rooting justice in empathy and fairness.
Published by Omar Khalid on October 3, 2023
