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This paper studies jurisprudential discourses on the punishment of theft and their contemporary applications in context of “Kitāb al-Sariqah”from“al-Muḥallā”, a manual of Zahiriteor literalist school of Islamic Jurisprudence by Ibn Ḥazm(994-1064), and “al-Hidāyah”,a manual of Ḥanafī Jurisprudence by al-Marghīnānī(1117-1197).It finds that in a total of eighty-two issues, the two jurists have six commonalities and thirteen differences while Ibn Ḥazm has eight and al-Marghīnānī has thirty-seven unique points. Al-Marghīnānī has more comprehensiveness and diversity in the accounts of the relevant issues.Both jurists’ insights regarding the punishment of theft can be taken as a guide in various matters related to the crime of theft in modern times.
Abdul Ghaffar, Dr.Abdul Ghaffar. (2021) Jurisprudential Discourses on the Punishment of Theft and their Contemporary Applications: A Study in Context of “al-Muḥallā”and “al-Hidāyah”, AL-QAMAR, Volume-04, Issue-1.
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