0

The Interpretations of the Thief's Punishment of Cutting off Hand

Dr. M. Anas Sarmini

Assistant Professor at the University of Istanbul 29 May

Summary

The research starts from the classification of the interpretation of Islamic punishments

within two Patterns, namely, the jurisprudential view and the contemporary modernism. The

second is splitted in two Patterns of the interpretive approach, which links them to their Legal

objectives, and the linguistic interpretation, which explains the punishment by the metaphor.

The researcher seeks to characterize these cases and then balance them in the traditional

jurisprudence. The study discusses the correctness of the including the punishment in the

purposes or means, and the validity of the abandonment of means? The second part of the study

is devoted to discussing the linguistic interpretation proposed by the modernists who suggested

interpreting the cutting hand of the thief with imprisoning them.

The research concluded that the punishments are one of the constant means which do not

accept the metaphorical interpretation nor replacement .

Key words

1

Islamic punishment, interpretation, Legal objectives, means, cutting the hand of the

thief

2

(1)

3

4

(7)

5

6

7

8

http://mohammadhabash.org/2016/09/03

9

10

11

12

13

Asım Cüneyd Köksal, Fıkıh ve Siyaset

14

15

16

17

http://www.ahl-alquran.com/arabic/show_article.php?main_id=912

18

19

20

21

22

23

24

http://www.ahl-alquran.com/arabic/show_article.php?main_id=912

www.eastlaws.com

25

61. Fıkıh ve Siyaset, Asım Cüneyd Köksal, Klasik Yayınlar, 2016.