حد السرقة
‘Abdur-Rahmān ibn ‘Awf reported that the Messenger of Allah (may Allah's peace and blessings be upon him) said: "The thief is not to be penalized financially if the prescribed corporal punishment is applied against him.”
عن عبد الرحمن بن عوف أن رسول الله -صلى الله عليه وسلم- قال: «لا يَغَرَمُ صَاحِبُ سَرِقَةٍ إذا أُقِيمَ عليه الحَدُّ».
شرح الحديث :
This Hadīth shows that a thief is not liable to guarantee the thing that he stole, nor is he responsible for bringing it back, so long as the corporal prescribed punishment is applied against him. This is the opinion of Abu Hanīfah and a group of the righteous predecessors. However, this Hadīth is weak and denounced. Hence, the majority of scholars said that the thief is to guarantee the thing that he stole. The reason is that theft involves the violation of two rights: the right of Allah, which is to be fulfilled by applying the corporal prescribed punishment, and the right of the robbed person, which is not waived except by his pardon.