# Does an Islamic judge always give the maximum punishment for theft?

*Would a qadi give the maximum punishment for theft? Circumstances count, as in courts today*

- URL: https://muftiabulayth.org/r/--pntsar8ck/s/49/
- Date: 2021-02-16 · Kind: question · Transcript tier: machine · Recording: Monday Nights with Mufti #202| Q&A Unscripted & Unrestricted! 😉 | Mufti Abu Layth (2:39:59–2:41:57)
- Status: general teaching
- Watch from the start of the segment: https://www.youtube.com/watch?v=--PntsaR8ck&t=9599s
- Recording page: https://muftiabulayth.org/r/--pntsar8ck/

**Topics:** Hudud and punishments; Public law and governance

**Question as asked:** When a qadi in a criminal matter hands down judgment, for example for theft, does he give the maximum punishment or does he hand out less?

**Summary (not a quotation; machine-made, unchecked):** Mufti Abu Layth says a qadi would weigh the circumstances, much as courts in England do today, and that this is how the Sharia would work; the hudud would be different now.

**Checked position (checked by two independent reviews, not by the channel):** Mufti Abu Layth says a qadi's judgement would be not unlike how the courts work in England today, and that is how the Sharia would work, more or less.

**Evidence, his words at 2:40:37:** “yes he would take into consideration the circumstances it would be very it would be not different from how the courts work let's say in england today that would be how the sharia would work i mean more or less” (https://www.youtube.com/watch?v=--PntsaR8ck&t=9637s)

## Longer summary

After a request to pray for the ummah and humanity, Mufti Abu Layth reads a super chat asking whether a qadi in a criminal matter such as theft hands down the maximum punishment or less. He refers to his videos on the hudud changing and on trajectory hermeneutics, and says the hudud would be different and the judge would take the circumstances into consideration. He says it would be not unlike how the courts work in England today, which is more or less how the Sharia would work, since the Sharia uses the systems human societies have to regulate them: social workers and probation officers giving reports, testimonials, circumstantial evidence and the background to the offence, after which the judges rule, and that is Islamic.

## Sources and names cited

- qadi (judge)
- hudud
- the hudud change with the age
- trajectory hermeneutics

## Transcript (machine tier, 2:39:59–2:41:57)

[2:39:59] kush kaki you're doing it man much love just showing some love mufti gotta put little man to bed please take a moment to make to offer our ummah humanity and the beloved rasool sallallahu alaihi sallam one love you're doing it man you're doing it so absolutely may allah bless each and all i mean mufti when akadi in a criminal matter hands down judgment eg theft does he give maximum punishment or does he hand out less um you see i've already spoken about that the the hadood would have changed so do watch my video on that on hadoop changing and trajectory hermeneutics i've got about two three videos

[2:40:37] and yes the hadood would be different and yes he would take into consideration the circumstances it would be very it would be not different from how the courts work let's say in england today that would be how the sharia would work i mean more or less i mean certain things may be tweaked here and there but that's how it would be you would have the sharia is just about using the systems that human societies have and in regulating those societies so today you would have um you know social workers involved if they are involved or probation workers probation

[2:41:17] officers that would be giving reports you would have uh the judges would look at testimonials they would look at listen to circumstantial evidence also take into consideration the the you know the backdrop to why this happened and then they would rule so that's fine and that is islamic all right people alright let's uh i think we've had quite a bit let's move on people let's move on so time has come people our beloved

[2:41:56] let me add a little bit of advice so people are beloved right i want to share a little um of his lecture he did a lecture on cannabis marijuana just naturally saying it's haram but let's go through a bit of it and then speaking about dmt as well and as you can some people quote this the statement to validate a deviant interpretation they say

## Cite

Mufti Abu Layth Archive, segment --PntsaR8ck/s/49. https://muftiabulayth.org/r/--pntsar8ck/s/49/

Not a fatwa: these answers were given to specific people at specific times. Ask a qualified scholar about your own situation.