Al-Ma'idah 38–39

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This axis brings together 4 instances of the use of this verse in Muhammad Shahrur’s books, linking it to the concepts and arguments that appear around it.

Text of the Verse as Cited

As for the male thief and the female thief, cut off their hands…

Reader’s Answer

Question

How does Muhammad Shahrur read verses 38–39 of al-Ma’idah regarding the punishment for theft and the meaning of “cut off their hands”?

Shahrur employs the two verses to object to restricting “cutting” to amputation of the hand. In his reading, the punishment for theft is a “limit-based punishment” with a lower and an upper limit, and he makes an inquiry into the meaning of the verb “to cut” an entry point to this reading. He also links the following verse to repentance and reform, since it occurs in the Qur’anic text itself immediately after the mention of the punishment.

Shahrur presents verses 38–39 of al-Ma’idah as an example of what he calls the “second reading” of the Qur’an in the matter of the punishment for theft. He describes the punishment for theft as “a limit-based punishment, not a fixed hadd punishment,” meaning that it moves between a lower and an upper limit in legislation. Shahrur makes the semantic range of the verb “to cut” the central issue in understanding the verse, presenting multiple linguistic usages revolving around severance, separation, prevention, passage, and others. Thus, in this presentation, he does not treat amputation as the sole meaning conclusively determined by the wording.

Citation and Location

Toward New Foundations for Islamic Jurisprudence — p. 113.

Limits of the Reading

  • This is a record of Shahrur’s use of the verse, not a statement of the verse’s meaning as a final exegetical judgment.
  • The citation establishes his presentation of the idea of a limit-based punishment and his expanded consideration of the meaning of “cutting,” but it does not establish a link to social protection.
  • Claims about specific legal alternatives or detailed limits of punishment require other passages from his book or additional evidence.

Continue from Here

Brief Reading

For Shahrur, the two verses are read as a starting point for revisiting the understanding of theft and cutting, and for linking them to social protection and repentance.

Axes

  • Legislative
  • Human and Ethical
  • Theft: 5

Its Place in the Conceptual Network

It is connected to criticism of the prevailing juristic understanding and to a reinterpretation of punishment.

Role of the Verse in the Argument

  • Example: 2
  • Critique of Tradition: 2

Instances of Use

  • Islam and Humanity: He includes it alongside wrongful transgression to affirm that theft is a form of encroachment upon people’s rights.
    • Concept: theft
    • Function of the verse here: example
    • Textual citation: “{ As for the male thief and the female thief, cut off their hands … } (al-Ma’idah 38–39)”
  • Islam and Humanity: He makes it a model of prohibited transgression, insofar as it is an assault on people’s property.
    • Concept: theft
    • Function of the verse here: example
    • Textual citation: “{ As for the male thief and the female thief, cut off their hands … } (al-Ma’idah 38–39)”
  • The Qur’an in Contemporary Thought, p. 32: He departs from jurisprudence in understanding cutting, returning it to the meaning of imprisonment and preventing harm, rather than physical amputation.
    • Concept: theft
    • Function of the verse here: critique of tradition
    • Textual citation: “{As for the male thief and the female thief, cut off their hands …} (al-Ma’idah 38, 39)”
    • Corresponding traditional reading: Juristic books endorse amputation.
  • Toward New Foundations for Islamic Jurisprudence, pp. 113–119: He reads it as limit-based rather than amputation-based, rejecting the restriction of “hand” to the physical limb or its treatment as an absolute punishment of cutting, while linking it to repentance and to civil legislative norms.
    • Concept: theft
    • Function of the verse here: critique of tradition
    • Textual citation: “The Exalted said: { As for the male thief and the female thief, cut off their hands … } (al-Ma’idah 38, 39).”
    • Corresponding traditional reading: Those who maintain amputation deem it obligatory for the thief and define cutting as affecting the physical hand, while differing over its extent and the theft threshold.

This page is presented within the general atlas-building methodology.

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Muhammad Shahrur Atlas