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Cross-amputation

Cross-amputation () is a form of punitive judicial limb amputation and one of the Hudud punishments prescribed under Islamic jurisprudence (Sharia law). if it meets the 76 requirements. It involves cutting off the right hand and left foot of the transgressor for act of terrorism and highway robbery etc. for thief (not petty thief) the punishment for first offence is right hand (or four fingers for shi'a) and left foot for second offense (to avoid misbalance, again for shi'a it's toes) The scriptural authority for the double amputation procedure is in the Quran (surah 5: 33 and 38) which stipulates:

The right hand is amputated during administration of the punishment regardless of whether the victim is right- or left-handed,. for shi'a madhab it's for fingers than the actual hand. Hudud were famous for seldom being implemented because the evidentiary standards were very high. Based on a hadith, jurists stipulated that hudud punishments should be averted by the slightest doubts or ambiguities. Meeting hudud requirements for zina and theft was virtually impossible without a confession in court, which could then be invalidated by a retraction.

Requirements

Malik ibn Anas, the originator of the Maliki judicial school of fiqh, recorded in his work Al-Muwatta a great many detailed circumstances under which the punishment of hand amputation should and should not be carried out.

In his comments on the verse in the Quran on theft, scholar Yusuf Ali asserted that most Islamic jurists believe that "petty thefts are exempt from this punishment", and that "only one hand should be cut off for the first theft." a minority of modern jurists consider the word to mean cutting off their power to commit thief.

Another list of restrictions comes from a fatwa given by one Taqī al-Dīn ʿAlī b. ʿAbd al-Kāfī al-Subkī (d. 756/1356), a senior Shafi scholar and judge from one of the leading scholarly families of Damascus. According to Taqi, Hadd [punishment] is only obligatory for perpetrator of a theft for whom the following conditions apply:<blockquote>

  1. [the item] was taken from a place generally considered secure (ḥirz)
  2. it had not been procured as spoils of war (mughannam)
  3. nor from the public treasury
  4. and it was taken by his own hand
  5. not by some tool or mechanism (āla)
  6. on his own
  7. while he was of sound mind
  8. and of age
  9. and a Muslim
  10. and free
  11. not in the Haram
  12. in Mecca
  13. and not in the Abode of War
  14. and he is not one who is granted access to it from time to time
  15. and he stole from someone other than his wife
  16. and not from a uterine relative
  17. and not from her husband if it is a woman
  18. when he was not drunk
  19. and not compelled by hunger
  20. or under duress
  21. and he stole some property that was owned
  22. and would be permissible to sell to Muslims
  23. and he stole it from someone who had not wrongfully appropriated it
  24. and the value of what he stole reached three dirhams of pure silver by the Meccan weight
  25. and it was not meat
  26. or any slaughtered animal
  27. nor anything edible or potable
  28. or some fowl or game
  29. or a dog
  30. or a cat
  31. or animal dung
  32. or feces (ʿadhira)
  33. or dirt
  34. or red ochre (maghara)
  35. or arsenic (zirnīkh)
  36. or pebbles or stones
  37. or glass
  38. or coals
  39. or firewood
  40. or reeds (qaá¹£ab)
  41. or wood
  42. or fruit
  43. or a donkey or a grazing animal
  44. or a copy of the Quran
  45. or a plant pulled up from its roots (min badā'ihi)
  46. or produce from a walled garden
  47. or a tree
  48. or a free person
  49. or a slave
  50. if they are able to speak and are of sound mind
  51. and he had committed no offense against him
  52. before he removed him from a place where he had not been permitted to enter
  53. from his secure location
  54. by his own hand
  55. and witness is born
  56. to all of the above
  57. by two witnesses
  58. who are men
  59. according to [the requirements and procedure] that we already presented in the chapter on testimony
  60. and they did not disagree
  61. or retract their testimony
  62. and the thief did not claim that he was the rightful owner of what he stole
  63. and his left hand is healthy
  64. and his foot is healthy
  65. and neither body part is missing anything
  66. and the person he stole from does not give him what he had stolen as a gift
  67. and he did not become the owner of what he stole after he stole it
  68. and the thief did not return the stolen item to the person he stole it from
  69. and the thief did not claim it
  70. and the thief was not owed a debt by the person he stole from equal to the value of what he stole
  71. and the person stolen from is present [in court]
  72. and he made a claim for the stolen property
  73. and requested that amputation occur
  74. before the thief could repent
  75. and the witnesses to the theft are present
  76. and a month had not passed since the theft occurred

</blockquote>Another restriction is that a thief who makes a confession before the testimony be allowed to retract his confession after. For if the thief does that first and then direct evidence (bayyina) is provided of his crime and then he retracts his confession, the punishment of amputation is dropped according to the more correct opinion in the Shafi school, because the establishment [of guilt] came by confession not by the direct evidence. So his retraction is accepted.

Practice

The ancient punishment, typically used for highway robbery (hirabah, qat' al-tariq) and civil disturbance against Islam, is usually carried out in a single session in public. In the case of a repeat thief, who may already have had a right hand previously removed for theft, a second offence can lead a court to impose a second judicial amputation of a foot. In countries mentioned below doctors attend the amputations to manage blood loss and pain by administering tourniquets, analgesic medication and bandaging.

The country with the most recent cases is Iran with "at least 223 amputations [of fingers] have been carried out by Iranian authorities out of 384 known sentences since 1979, according to the US-based rights group the Abdorrahman Boroumand Center." using a specialized machine for finger amputation than hand according to shi'a sharia.

Brunei enacted in 2019 "...new penal code, which also includes the amputation of a hand and a foot for the crime of theft." but has not carried out the punishment as of 2025.

Saudi Arabia saw a high of 27 amputations in 2000 https://www.amnesty.org/en/wp-content/uploads/2021/06/mde230532000en.pdf but amputation sentences were commuted in 2012https://www.amnesty.org/en/wp-content/uploads/2021/07/mde230222012en.pdf and no sentences are widely reported since then.

The punishment is also practiced in other countries such as Sudan; Somalia; Mauritania, the Maldives; and Yemen. The practice was common during the ISIS Caliphate and continues to be used in Taliban-controlled Afghanistan.

References