Examination of the Prohibition of Reattaching a Severed Hand of a Thief with a Focus on the Objectives of Hadd Punishments

Abstract

Given the significant advancements in medical science and the feasibility of reattaching a severed hand of a thief, the question arises as to whether, after enduring the hadd punishment, the thief is permitted to reattach their severed hand. In response to this question, two general theories—namely "Legitimacy" and "Illegitimacy of Reattaching a Severed Hand as a Result of the Implementation of Hadd for Theft"—have been proposed by jurists and legal scholars. The hypothesis of this research, considering the weak evidence provided by proponents of reattachment, is based on the prohibition of such an action. To prove this hypothesis, in addition to arguments derived from Qur'anic and narrative evidence, the threefold objectives of punishments, namely "deterrence," "rehabilitation," and "incapacitation of the offender," are given special attention. Based on the findings of this study, after the hand of the thief is severed, in order to achieve the threefold objectives of punishments, in addition to the immediate pain and suffering inflicted on the thief, it is necessary to prevent the reattachment of the hand. This would not only rehabilitate and incapacitate the offender from committing further crimes but also serve as a deterrent to potential criminals.