Punishing a thief

Answered according to Hanafi Fiqh by Muftionline.co.za


1.If a thief enters my house and I catch him, can I cut or break his hands? If I hand to police, he will be out in prison in 2 or 3 years and then continues to haunt people’s houses.

2. If someone keeps on insulting Islam and our prophet though being warned several times, can I kill him/her? Because he becomes a clear enemy if he does this or should I let Allah’s enemy go as if nothing happened?

3. If someone did black magic on me or my family and I got to know who is it, can I take revenge by killing him/her? I read a verse in the Quran where it says “And whoever avenges himself after having been wronged – those have not upon them any cause [for blame].” Surah 42 41.

Are these actions justified because according to sharia law, thief hand should be cut off. And anyone who insults Allah and his prophet becomes an enemy and they should be fought to death. And the penalty for someone who did magic is death penalty.



1. Whatever you do be careful of legal implications.

2. This is applicable in an Islamic country.

3. How are you going to confirm that he is the culprit.

And Allah Ta’ala (الله تعالى) knows best.


Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)