HUDUD CRIMES

(2) THEFT
Definition:

to take away the property of

another person surreptitiously
without the knowledge and
consent of that person.
Elements of crime:

• The offender must have taken away the stolen

property surreptitiously from custody (hirz)
• The stolen property must be of a prescribed
value (nisab) or more
• The offender must not have any direct or
indirect ownership in the stolen property and
it must be owned by an individual
• The offender must have committed theft with
his free will and not in a state of compulsion
or dire necessity
• The property must be in custody
Proof of theft:

• Confession
• Testimony of the witnesses
• Circumstantial evidence
Punishment:
• Al Quran (5:38)