Theft of invaluable property Study between Islamic jurisprudence and positive law

Abstract

This research is concerned with the theft of invaluable property. It is intendedthat stealing a property and getting benefit from normal situations is not allowed in Islamic jurisprudence; or stealing an invaluable property is prohibited for trading such as: dancing instruments, amusements and songs as long as alcoholic drinks and pigs. On the hand, laws don’t differentiate between valuable and invaluable property.

The study also elaborates on the stealing invaluable property based on the four Sunni approaches' believes: Al-Hanafi, Maliki, Al-Shafi'i and Al-Hanbali. The study also shows the accepted idea and compared to the Iraqi Punishment Laws and some others. The similarities and differences are mentioned as well.

The study contains two sections. The first section is the theoretical framework, which includes the definitions of theft, property and value. It also contains some explanation about the punishment of stealing dancing instruments, amusements and songs based on Islamic jurisprudence and law. The Islamic philosophers have different viewpoints about Hand Cut punishment. There are mainly two viewpoints. Firstly, it's believed that Hand Cut shouldn’t take place due to stealing those instruments. Secondly, it's also believed the same unless breaking the instruments reaches to the limited and allowed number; hence, Hand Cut punishment applies on the stealer. As for the laws, there isn’t a scriptthat criminalizes or prohibits the use of those instruments for entertainment; therefore, it must be protected and counts as a property that stealing punishment applies on the thieves.