Comparative study of theft punishment and conditions of its enforcement

Document Type : Research Paper

Authors

1 Assistant Professor, Faculty of Law, University of Qom, Iran

2 Ph.D. Candidate, Comparative Interpretation, University of Qom, Iran

Abstract

The punishment sentence for theif as one of the divine punishments has been expressed in the Quran, chapter At-Tawba, verses 38 and 39 and based on the hand amputation of man or woman theif. In this paper, according to the jurisprudents and interpretators' opinions in the interpretation of these verses it has been explained the conditions of enforcement of theft punishment considering the conditions of theif and the stolen goods. In addition, it has been surveyed the possibility of deduction of theft punishment if the thief repented. In all the cases it has been tried to be expressed shi'ite and sunni jurisprudents' various opinions briefly and clearly.

Keywords