Doubt in Theft from the Perspective of Imami Jurists and the Islamic Penal Code

Abstract

The presence of doubt in committing crimes is one of the factors that nullifies the hadd punishment in both jurisprudence and the Islamic Penal Code. Hadd is among the punishments addressed in jurisprudence and the Islamic Penal Code. The hadd for theft, as one of the divine limits (hudud), is expressed in verses 38 and 39 of Surah Al-Ma'idah, where the amputation of the hands of male and female thieves is prescribed. Theft, based on the type and extent of punishment, is divided into thefts that require ta'zir or hadd punishment. For the implementation of the hadd for theft, both the thief and the stolen property must meet certain conditions. One of the conditions for the realization of haddi theft is the absence of doubt regarding the stolen property. Articles 267, 268, and 277 of the Islamic Penal Code define theft, outline the conditions for haddi theft, and elaborate on the hadd for theft. Article 144 of the Islamic Penal Code, approved on April 21, 2013, addresses the existence of doubt in crimes, which prevents criminal responsibility of the perpetrator, and states that, in the commission of intentional crimes, intent to achieve the result or knowledge of its occurrence must also be proven. In this paper, using the opinions of Imami jurists and the Islamic Penal Code, the scope of doubt in theft, as one of the conditions leading to the nullification of the hadd for theft, is discussed.