If married couples steal from one another, do they deserve to have their hands cut off?


بســـم اللــه الرحــمــن الـرحـــيــم

▪️If married couples steal from one another, do they deserve to have their hands cut off?▪️

Our Shaykh, Muhammad ibn Hizaam -may Allaah preserve him- was asked the following question:

📩 Question:

The questioner says: What is the ruling on a man stealing from his wife, and does he deserve the legal punishment (i.e. having his hand cut off)?

📝 Answer:

It’s impermissible for the husband to steal from his wife’s money and likewise the wife to steal from her husband’s money. This is something forbidden.

[Allah -the Mighty and Majestic- said]
{وَٱلسَّارِقُ وَٱلسَّارِقَةُ فَٱقۡطَعُوۤا۟ أَیۡدِیَهُمَا جَزَاۤءَۢ بِمَا كَسَبَا نَكَـٰلࣰا مِّنَ ٱللَّهِۗ وَٱللَّهُ عَزِیزٌ حَكِیمࣱ}
“Cut off (from the wrist joint) the (right) hand of the thief, male or female, as a recompense for that which they committed, a punishment by way of example from Allah. And Allah is All-Powerful, All-Wise.”
[Surat Al-Ma’idah 38]

So this is a major sin.

However, the scholars differed as to whether the hand should be cut off in the case where the husband steals from his wife, or the wife steals from her husband, and the strongest opinion is to refrain from cutting the hand in this case; because the husband and wife live together under one roof, both are mutually reliant on one another and each one is aware of the other’s money. So due to this skepticism, the punishment is not enforced upon him. Nonetheless, he deserves to be reprimanded.

And Allah’s help is sought.


Translated by:
Abu Sulaymaan Ammaar ibn Sufyaan Ba Alawi

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Original Fatwa:
https://t.me/ibnhezam/4269