The Quorum of Theft Limit in Islamic Jurisprudence

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.