Author
Listed:
- Rahimullah Payman
(Assistant Professor, Department of Jurisprudence and Law, School of Sharia, Takhar University, Afghanistan)
Abstract
This article examines the views of the jurists of the four schools of thought about the value of the Islamic nisab in theft. The author reviewed Sharia texts and the views of jurists in a descriptive and analytical method. The reviews of jurists are different in determining the quorum that takes place in hand cutting. According to the majority of jurists, the completion of the nisab in hand cutting is a condition according to the indications of the Shariah texts and the consensus of the Companions. The amount of nisab in the Hanafi School is ten dirhams or one dinar. According to the Shafi'is, a quarter (1/4) of a dinar or what the price is a quarter of a dinar. Imam Malik considers the nisab to be a quarter of a dinar if the stolen property is gold and three dirhams, if it is silver, while most of the Hanbalis consider the nisab to be three dirhams or a quarter of a dinar and for some reasons. They refer to hadiths. Rajeh's view is the view of the majority (Shafi'is, Malikis and Hanbalis) who consider the nisab to be a quarter of a dinar or three dirhams. What is obtained through this research is that the majority of jurists consider the existence of nisab of the stolen property as a condition, and they do not consider the amount of theft to be applicable if it is less than the nisab; However, they have two views in determining the nisab: the first view considers a quarter of a dinar or three dirhams as the nisab, and the second view considers the nisab to be one dinar or ten dirhams. The valid point of view, based on the validity and strength of the reasons, is the same point of view of the Republicans. Dinar and dirhams that are cut off must be multiplied.
Suggested Citation
Rahimullah Payman, 2023.
"The Quorum of Theft Limit in Islamic Jurisprudence,"
International Journal of Arts and Humanities Studies, Al-Kindi Center for Research and Development, vol. 3(2), pages 74-81, April.
Handle:
RePEc:alk:ijahs0:v:3:y:2023:i:2:id:5593
DOI: 10.32996/ijahs.2023.3.2.9
Download full text from publisher
Corrections
All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:alk:ijahs0:v:3:y:2023:i:2:id:5593. See general information about how to correct material in RePEc.
If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.
We have no bibliographic references for this item. You can help adding them by using this form .
If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.
For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Al-Kindi Center for Research and Development (email available below). General contact details of provider: https://al-kindipublisher.com/index.php/ijahs .
Please note that corrections may take a couple of weeks to filter through
the various RePEc services.