Salam,
5:38
And the male thief, and the female thief, you shall cut their
resources?as a penalty for what they have earned?to be made
an example of from God. God is Noble, Wise.
No cutting of limbs for theft. The punishment given in 5:33 is not for theft.
In pretext of FM Quran, there's a good explanation:
[Yusuf Ali Translation]
: As to the thief, Male or female, cut off (Iqta)
his or her hands: a punishment by way of example, from Allah, for
their crime: and Allah is Exalted in power. (Qur?an 5:38)
If we had based our opinion solely on verse 5:38 as shown above, then
our understanding would be that the hands of thieves are to be severed
completely. If this is indeed what God has commanded, then we have no
option but to hear and obey.
However, in this particular case, we find that a small check against the real
life example given in the Qur?an of Joseph and his brothers and how they
dealt with the issue of theft leads us to a completely different conclusion:
?They said: ?By God, you know we have not come to cause corruption
in the land, and we are not thieves!?
They said: ?What shall be the
punishment, if you are not truthful?? They said: ?The punishment is that
he in whose saddlebag it is found will himself serve as the punishment. It is
so that we punish the wicked.
?? (Qur?an 12:73-75)
The law of God that Joseph applied against his brother in the matter
of theft did not lead to any amputation of the hand or any other mindless
act of violence. It did, however, lead to the brother being made to remain
behind and work as a penalty against that which he was accused of stealing.
Looking back at verse 5:38 with the correct translation we see a
completely different understanding from that found by Yusuf Ali:
?And the male thief, and the female thief, you shall cut their resources?
as a penalty for what they have earned?to be made an example of
from God. God is Noble, Wise.? (Qur?an 5:38)
The correct understanding of the verse not only matches the live
example given in the Qur?an, but it also comes in-line with the other
checks and balances that God has given such as the punishment not
exceeding the crime (16:126).
Salam
PS. I wouldn't cut anyone's hand if they stole