theft,'to in* 311 ° f found underftanding, fteal out of undoubted euftody
ducepnifh- ten dirms, or property to the value of ten dirms, the law awards the
ment muft be • <~i* i , “ ,
ten 4fe*r*. amputation or his hand, G o d having raid in the Koran, “ I p a m a n
“ 0R WOMAN S T E A L , CUT OFF TH E IR HANDS but regal'd muft
be had to the conditions of fanity of intelledt, and maturity of age;:
becaufe independent of thefe criminality cannot be eftablifhed, and
amputation is the reward of criminality. It is alfo requifite that the
property ftolen be of importance, and not of trifling or infignificant
value; becaufe men do not covet property of a trifling nature r- nor do-
perfons take fuch property fecretly, but openly,. wherefore that which
eonftitutes larciny * , (namely, fecretly taking away,) does not exift
in taking property of a trifling nature, nor does any occafion for deter--
ment appear therein, as determent is regarded only in matters of frequent
occurrence: befides, the theft of mere trifesis uncommon,,
becaufe they are little coveted. It is. therefore requifite that the property
for the theft of which the hand of the thief is .ftruck off, be of
value and importance.— Concerning the amount o f the value there are
various opinions :: according to our dodtors it is ten dirms: according
to Shafei it is the fourth of a deenâr-, in the opinion of Malik it is.
three dirms. The argument of Majik and Shafer is that, in the. time'
of the prophet, amputation was infli&edfor the theft of any article-
of the value of a Afield: now the loweft value of afhield, upon record,
is three dirms ; and regard muft be had to the lowed,..as-that is-
precifely afeertained. Shafei alfo obferves that the value of the-
deenâr, in the time of the prophet,, was-eftimated at twelve dirms-. the
fourth of which, is three dirms. Our doâors argùe that, in.this particular,
regard’ought to'be had. to the highef ftandard, (as this is feelc-
rng a means to-ward off the.inflidtion of punilhment,) becaufe in left*
there is a doubt concerning the criminality ; and doubt operates to-,
the prevention of punifhment. A Corroboration of this tenet o f
our doftors is found in a precept of the prdphet, viz.- “ fhe're is
* Arab. Raknal Sâraka,,ùat is, , the pillar o f larciny.
“ no
“ no amputation fo r lefs than a deen ar, sr TEN d irm s '*,” It is
to be obferved that the term dirm is cuftomarily ufed to exprefs coin,
from which it appears that the property ftolen muft be ten coined
dirms, or fomething to the value of ten coined dirms, being the fame as
is mentioned in the treatife of Kadooree, and alfo in the Zahir Rawdyet;
and this is the moil approved doftrine, as herein regard is had to the
eompletenefs of criminality.— If, therefore, a perfon were to fteal to-
the weight of ten dirms of filver, uncoined, and it fall lhort, in value,
of ten coined dirms, amputation is-not incurred by him. In- the weight
of the dirm the feptimal weight is regarded, [that is, in the proportion-
of feven Mi/kals, or io f drams, to the dirm,) as this is the ufual
weight of it in all countries. What was before advanced—»“ or pro-
“ pertv to the value o f ten dirms, ” means that any thing elfe is to be
valued by dirms^ although it confift of gold.— I t is alfo an indifpenfable
requifite that the property be taken out of a euftody refpe&ing which
there is no doubt; fince any'doubt concerning that circumftance would
occafion the remiflion of punifhment, as fhall be demonftrat-ed in it’s
proper place-
T he Have and the freeman, with refpedt to amputation, are upon
an equal footing, as, in the text which occurs upon this head, no dif-
timftion is made between them; and alfo, becaufe it is impolfibie to halv’e
amputation- The limb of a Have, therefore, is-tb be ftruck off in the
lame manner as-fhat of a freeman, in- order that men’s property may be
preferv-ed;
* T h e value o f the dirm feems to be very indefinite. I t is elfewhere [V o l. I . p. 2 4 .}
obferved that the dirm is about id . fterling, which precifely accords with it’s relative value,
(as there mentioned) in refpedt to an Awkiyat o f filver. B u t here we fee the deenqr
Punifhment
is inflicted,
equally upon--
freemen and-
ßaves.
eftimated at ten dirms) now Tudeenar^ according to the be ft authorities, is nearly o f the
fame value with a ducat, namely about feveri jhillirigs \ and hence it wotrid appear that the-
value o f the dirm is from eighP^zncttonine pence fterling; afid upon this calculation the value
o f a theft, to induce amputation,' muft be at leaft f ix and eight pence fe r lin g . In fa£t, where
theeftimates are fo various (owing, probably, to difference o f times and countries) it is im-
poffible- to afeertain any precife ftandard. •
A m p u t a t i o n