Inquiries on the Science of the Objectives of Sharia (Part 46)
Negative Means of Preserving Wealth
In Islamic Sharia, negative means of preserving Wealth are considered one of the essential objectives. In addition to these essential purposes, there are purposes related to human needs. In fact, these purposes complement the necessities. Finally, each of these complementary purposes supplements the necessities and needs, which will be analyzed and examined in this essay.
C: Negative Means of Preserving Property
In addition to the positive means of preserving property, negative means have also been foreseen in Islamic Sharia and will be discussed, which include:
1. Prohibition of Theft
Any form of assault or encroachment on another person’s property is forbidden and taking it without the owner’s consent is considered unlawful. Recognizing that property is vital for life, Islam respects the rights of individuals regarding property ownership. Ownership is a requirement of human nature that compels people to work, ensuring justice. Islam has made financial rights and property sacred, mandating that no one can violate these inalienable rights under any circumstances. Therefore, Islam has forbidden theft, robbery, usurpation of property, embezzlement, betrayal of trust, usury, fraud, tampering with weights and measures, bribery, and all similar acts. Furthermore, taking property or disposing of it without a legitimate reason is regarded as unjust ownership of others’ property. «یا أیها الَّذِينَ آمَنُوا لا تأكلوا أموالكم بینكم بِالْبَاطِلِ إِلَّا أَن تَکُونَ تِجَارَةً عَن تَرَاضٍ منکم.» Translation: “O you who believe, do not consume one another’s wealth unjustly or send it [in bribery] to the rulers in order that [they might aid] you [to] consume a portion of the wealth of the people in sin, while you know [it is unlawful].”
In the Hajjat Al-Wedah, the last sermon of the Prophet during his Hajj, which was narrated by Bukhari and Muslim, it is stated: «إِنَّ دمَاءَكُمْ وَأَمْوَالَكُمْ وَأَعْرَاضَكُمْ عَلَيْكُمْ حَرَامٌ، كَحْرْمَةِ يَوْمِكُمْ هَذَا فِي بَلَدِكُمْ هَذَا، فِي شَهْرِكُمْ هَذَا.» Translation: “Verily, your blood, your wealth, and your honor are sacred to you; it is forbidden to transgress against one another’s blood, wealth, and honor, just as any transgression is forbidden on this day, in this month, and in this city. Just as this day, this month, and this city are sacred to everyone, so too are the blood, wealth, and honor of everyone sacred.”
Dar Qatni narrated on the authority of Anas ibn Malik (MAPH) that the Prophet (PBUH) said: «لا يحل مَال امْرِئٍ مُسْلِمٍ إِلَّا بِطيبِ نَفْسِهِ.» Translation: “The property of a Muslim is not permissible for another except with his own good pleasure.”
Another hadith states: “Whoever takes the property of his Muslim brother by swearing falsely, Allah Almighty will make Hellfire obligatory for him and will forbid Paradise for him.” Someone asked: “O Messenger of Allah, even if it is a small amount?” He said: “Even if it is firewood or a branch of arak wood—a wood used for brushing teeth.”
Abu Dawud narrated on the authority of Sa’ib bin Yazid from his father that the Prophet (PBUH) said: «ولا يأخذنَّ أحدُكم متاع أخیه لاعباً ولا جاداً، ومن أخذ عصا أخیه، فلیردّها.» Translation: “None of you should take the property of his brother, neither in jest nor in earnest; and whoever takes his brother’s staff, let him return it.”
Islam is very strict about theft and robbery, ruling that the hand of the thief should be cut off. There is a clear philosophy behind this ruling—the hand of the traitor and the hand used to commit theft are viewed as a harmful organ of the body that must be severed to ensure the health of the rest. According to all laws and common sense, a part is always sacrificed for the whole. Cutting off the hand of a thief serves as a strong deterrent to those who contemplate encroaching on others’ property, thereby ensuring that people’s property remains safe and secure.
Allah the Almighty says: «وَالسَّارِقُ وَالسَّارِقَةُ فَاقْطَعُوا أَيْدِيهُمَا جَزَاءً بِمَا كَسَبَا نَكَالًا منَ اللَّهِ وَاللَّهُ عَزِيزٌ حَكِيمٌ.» Translation: “Cut off the hands of the thief, male or female, as a punishment for what they have done, as a punishment from Allah. And Allah is All-Mighty, All-Wise.”
Allah Almighty protected and preserved the property of the people by making the cutting off of the thief’s hand obligatory. He did not prescribe this punishment for acts such as embezzlement, misappropriation, and usurpation; this is because these cases are less common than theft and are easier to prove and resolve with the help of authorities. In contrast, theft is often difficult to prove, making the active thief a significant danger to society. Thus, the severe punishment for theft aims to deter potential offenders.
Certainly, if this heinous crime were to become widespread, the economy of society—a key factor in its survival and the flourishing of religious beliefs—would deteriorate. In such a situation, general poverty would deprive people of both worldly benefits and the blessings of the hereafter. Therefore, to combat theft effectively and maintain a healthy economy within society, it is essential to enforce a punishment that is commensurate with this serious crime. When conditions are met, cutting off the hand is indeed the most effective deterrent against those who intend to commit this crime.
By admin2
