Answer
Theft:
According to Section 378 of P.P.C. A person is said to commit theft when he:
1. intending to take dishonestly
(a) any movable property;
(b) out of the possession of any person:
(c) without the consent (expressed or implied) of that person or any other person authorized to give consent.
2. Moves that property in order to such taking.
Concept of Theft in Islam:
In Islamic Law, theft signifies the taking away the property of another in a secret manner at a time when such property is in custody, i.e. when the effects are in supposed security from the hands of other people, and where the value is not less than ten dirhams and the effects taken the undoubted property of some other than of him who takes them, so quoted in Hedaya by Charles Hamilton.
The Holy Quran in Sura-al-Maida Verse 38, provides as under:
As to be thief, male or female, cut off his or her hands, a meed for which they have earned, exemplary punishment from Allah; and Allah is mighty, Wise. Then whosoever repenter after his wrong doing and amendth verily Allah shall relent towards him. Verily Allah is Forgiving Merciful.
According to Hadood Law:
Two kinds of theft: Theft may be either theft liable to Hadd or theft liable to tazir.
Theft liable to Hadd: Whoever, being an adult, surreptitiously commits, from any hirz, theft of property of the value of the nisab or, more, not being stolen property, knowing that it is or is likely to be of the value of the nisab or more, is subject to the provision of this Ordinance, said to commit theft liable to Hadd.
Explanation 1
In this section, stolen property does not include property which has been criminally misappropriated or in respect of which criminal breach of trust has been committed.
Explanation 2
In this, section, “surreptitiously” means that the person committing the theft commits such theft believing that the victim of theft does not know of his action. For surreptitiously removal of property is necessary that, if it is daytime, which includes one hour before sunrise and two hours after sunset surreption should continue till the completion of the offence and it is night, surreption need not continue after commencement of the offence.
Important ingredient:
Ingredients. In order to constitute .i six factors are essential:
I. The offender must be an adult person.
2. The offence ‘must be committed surreptitiously
3. That the property must be removed from any hirz custody.
4. The property must be of the value of nisab or more.
5. The property must be stolen property.
6. The offender must have the knowledge that the property is or is likely to be of the value of nisab or more.
The proof of theft liable to Hadd:
The proof of theft liable to Hadd shall be in one of the following forms, namely:
(a) the accused pleads guilty of the commission of theft liable to Hadd; and
(b) at least two Muslim adult, male witnesses, other than the victim of the theft, about whom the Court is satisfied, having regard to the requirements of Tazkiya Al-Shuhood, that they are truthful persons and abstain from major sins (kobair), give evidence as eye-witnesses of the occurrence:
Provided that, if the accused is a non-Muslim, the eye – witness may be non-Muslim:
Provided further that, the statement of the victim of the theft or the person authorized by them shall be recorded before the statements of the eye-witnesses are recorded.
Explanation:
In this section, ‘Tazkiya Al-Shuhood’ means the inquiry adopted by a Court to satisfy itself as to the credibility of a witness.
Punishment of theft liable to ‘Hadd’:
1. Whoever commits theft liable to ‘Hadd for the first time shall be punished with amputation of his right hand from the joint of the wrist?
2. Whoever commits theft liable to ‘Hadd’ for the second time shall be punished with amputation of his left foot up to the ankle.
3. Whoever commits theft liable to ‘Hadd for the third time, or, any time subsequent thereto shall be punished with imprisonment for life.
4. Punishment under sub-section (1) or sub-section (2) shall not be executed unless it is confirmed by the Court to which an appeal from the order of conviction lies, and, until the punishment is confirmed and executed the convict shall be dealt with in the same manner as if sentenced to simple imprisonment.
5. In the case of a person sentenced to imprisonment for life under sub-section (3), if the [Appellate Court] is satisfied that he is sincerely penitent, he may be set at liberty on such terms and conditions as the Court may deem fit to impose.
6. Amputation shall be carried out by an authorized medical officer.
7. If, at the time of the execution of Hadd the authorized medical officer is of the opinion that the amputation of hand or foot may cause the death of the convict, the execution of Hadd shall be postponed until such time as the apprehension of death ceases.