Punishment in Islam

Author: Abu Hena Muhammad Rafique

Question no 1: Why so severe punishment in Islam as mentioned in verse 5:38
وَٱلسَّارِقُ وَٱلسَّارِقَةُ فَٱقْطَعُوٓا۟ أَيْدِيَهُمَا جَزَآءًۢ بِمَا كَسَبَا نَكَـٰلًۭا مِّنَ ٱللَّهِ ۗ وَٱللَّهُ عَزِيزٌ حَكِيمٌۭ [٥:٣٨]
Answer:
This verse is from chapter Al-Maeda – no 5 revealed in Madina, where Islamic state became established and non-Muslims had signed in the contract with Muslims that they would abide by all laws …,

Before directly coming to the answer we need be knowing, who said this and through whom we come to know this law and then we have to ask about reason or rationality.
Then we have to know who the questioners are and what is their dexterity and capacity to encompass the mystery of the vast world, created by the invincible Almighty Creator.
The third is the ability of knowing the language through which the report is transmitted.
Among the above mentioned three pre-requisites let we proceed with the first:
This is a statute of the law of the world-wide state which is run by its Creator, through one vicegerent, empowered by Him (the Creator). The Creator is the best to know the needs of the creation.
Among the creations, necessarily there are good and bad, obedient and disobedient; law abiding and unruly; and there is a judiciary to try the disputes and do such justice as to be beneficial for the society at large.
It is duly acceded and perceived that the interest of the society needs priority and for the safety and betterment of the society some individual or individuals may be brought to task. This is the decision of the Providence who is the Supreme in knowledge and wisdom.
The Creator is 100% just and for ensuring safety, peace and tranquility the bulk of the society adopts measures, beneficial for both the wrong-doers and the victims.
For smooth running of any administration this policy is must.
If anybody falls short in understanding these justifications that is because of his limitations in vision and understanding…
Now let us probe the justification of the punishment as imposed by the Merciful Allah:
This punishment may be given by the Islamic state when it ensures all basic necessities of life to each citizen including victuals, dress, shelter, education and medical facilities.
No punishment for misappropriation of a) foodstuff, b) fruits, c) vegetables, d) cooked food, e) birds, f) beasts of forests, g) anything from government-treasury (as there the person concerned has a share g) and a thing worth an amount up to Taka 2000/-(40 Saudi dirham).
Beyond the said articles or the value thereof, if stolen article, more valuable, for the first time, one right hand has to be chopped off, ensuring the concerned family provisions till the accused reaches earning position, and for the second time another hand. When totally (the accused) becomes disabled, the government is fully responsible to maintain the family of punished person.
This one person’s strong punishment ensures millions to sleep in peace for a long time.
Thus Allaah swt, said
وَلَكُمْ فِى ٱلْقِصَاصِ حَيَوٰةٌۭ يَـٰٓأُو۟لِى ٱلْأَلْبَـٰبِ لَعَلَّكُمْ تَتَّقُونَ [٢:١٧٩]
“And for you, in the punishment, there is life, O, the people of intelligence. (These words are sent to you) so that you may ward off evil by Allaah’s fear.
It is the duty of the Islamic government to ensure maximum peace in the state and let not give the wrong-doers such opportunity that the good people are endangered.
Last but not the least point is that this law has to be promulgated in an Islamic state where the majority of the citizens believe in the justification of the Merciful Allah’s laws. Non-Muslims also need security and peace and if they are believers in the (any divine) Book, sent from the Creator, they would know and feel usefulness of this law. If atheist, they are the opportunists and unreasonably peace-breakers. So, the social welfare state is justified in not giving them the chance to spread chaos.