imprisonment has no deterrent effect upon him. Lastly, v. 39 shows that the object of the punishment is reform, and an occasion to reform can only be given if the punishment for a first or second offence is less severe.

It is true that the cutting off of the hand, for even a first crime, is reported in ḥadīth but this may be due to the particular circumstances of society at the time, and it is for the judge to decide which punishment will suit the circumstances. For instance, according to some ḥadīth, the hand was cut off when the amount stolen was one-quarter of a dīnār or more; according to others when it was one dīnār or more9. According to another report the hand of the thief was not to be cut off at all when a theft was committed in the course of a journey or on an expedition10. The words in Abū Dāwūd are: “I heard the Messenger of Allāh say, Hands shall not be cut off in the course of a journey.” Probably some other punishment was given in such cases. There are also ḥadīth showing that the hand was not to be cut off for stealing fruit on a tree11. The cutting off of the hand is also prohibited in the case of criminal misappropriation.12 When Marwān was Governor of Madīnah, a certain slave stole young palm trees from the garden of a man, and being caught was imprisoned by Marwān, who intended to cut off his hand. The master of the slave went to Rafī‘ ibn Khudaij who said that he had heard the Holy Prophet say that there was to be no cutting off of the hand in the case of theft of fruit, and when Rafī‘ related this to Marwān, the slave was let off. It is further related, however, that Marwān had him flogged13. In another ḥadīth it is stated that when a certain person stole another’s mantle valued at thirty dirhams from underneath his head, the owner of the mantle offered that he would sell the same to the person who had stolen it, without demanding immediate payment, and the Holy Prophet approved of this arrangement14. These examples show that great latitude was allowed to the judge in the choice of the punishment.

Punishment for adultery

Adultery, and false accusation of adultery, are both punishable according to the Holy Qur’ān: “The adulteress and the adulterer, flog