LARCENY

Arabic sariqah ( سرقة‎ ). In the language of the law, sariqah signifies the taking away the property of another in a secret manner, at a time when such property is in custody. Custody is of two kinds: 1st, by place, for example, a house or a shop; and, 2nd, by personal guard, which is by means of a personal watch over the property. If an adult of sound understanding steal out of undoubted custody ten dirhams, or property to the value of ten dirhams, the Muḥammadan law awards the amputation of a hand, for it is said in the Qurʾān, Sūrah v. 42 : “If a man or woman steal, cut off their hands.” With regard to the amount of the value which constitutes a theft, there is some difference of opinion. According to Abū Ḥanīfah, it is ten dirhams; according to ash-Shāfiʿī, it is the fourth of a dīnār, or twelve dirhams; whilst Mālik holds that the sum is three dirhams. The freeman and the slave are on equal footing with respect to punishment for theft, and the hand of the slave is to be struck off in the same manner as the hand of a free Muslim. The theft must be established upon the testimony of two witne es, but the magistrate must examine the witne es as to the manner, time, and place of the theft. The thief must also be held in confinement, or suspicion, until the witne es be fully examined. If a party commit a theft, and each of the party receive ten dirhams, the hand of each is to be cut off; but if they receive le than ten dirhams each, they are not liable to amputation. Amputation is not incurred by the theft of anything of a trifling nature, such as wood, bamboos, gra , fish, fowls, and garden stuff. Amputation is not incurred by the theft of such things as quickly decay and spoil, such as milk or fruit, nor for stealing fruit whilst upon the tree, or grain which has not been reaped, these not being considered as in custody. The hand of a thief is not struck off for stealing any fermented liquor, because he may explain his intention in taking it, by saying, “I took it with a view to spill it”; and also because some fermented liquors are not lawful property. The hand is not to be cut off for stealing a guitar or tabor, these being of use merely as idle amusements. Amputation is not incurred by stealing a Qurʾān, although ash-Shāfiʿī maintains that it is. There is no amputation for stealing the door of a mosque. Nor is the hand struck off for stealing a crucifix or a che board, as it is in the thief’s power to excuse himself by saying, “I took them with a view to break and destroy them, as things prohibited.” It is otherwise with a coin bearing the impre ion of an idol, by the theft of which amputation is incurred; because the money is not an object of worship. The hand is not to be struck off for stealing a free-born infant, although there be ornaments upon it, because a free person is not property; but amputation is incurred by stealing an infant slave, although the stealing of an adult slave does not incur amputation, as such an act does not come under the description of theft, being an usurpation or a fraud. Amputation is not incurred for stealing a book, because the object of the thief can only be its contents and not the property. The hand is not cut off for stealing a cur-dog, because such an animal is common property; nor for stealing utensils made of wood. There is no amputation for stealing from the public treasury, because everything there is the common property of all Muslims, and in which the thief, as a member of the community has a share. And if a person steal from property of which he is in part owner, amputation is not inflicted. Nor if a creditor steal from his debt is the hand cut off. The right hand of the thief is to be cut off at the joint of the wrist and the stump afterwards cauterised, and for the second theft the left foot, and for any theft beyond that he must suffer imprisonment. AL -LĀT ( اللات‎ ). The name of an idol worshipped by the ancient Arabians, probably the Alilat of Hero dot us. The idol Lāt is mentioned in the Qurʾān in conjunction with the two other idols, al-ʿUzzā and Manāt . See Sūrah liii. 19 : “What think ye, then, of al-Lāt and al-ʿUzzā, and Manāt, the third idol besides?” In connection with this verse there is an interesting discu ion. (See Muir, new ed. p. 86.) Al-Wāqidī and at̤-T̤abarī both relate that, on a certain day, the chief men of Makkah a embled in a group beside the Kaʿbah, discu ed, as was their wont, the affairs of the city, when the Prophet appeared, and seating himself by them in a friendly manner, began to recite the 53rd chapter of the Qurʾān; and when he had reached the verse “What think ye then of al-Lāt, and al-ʿUzzā, and Manāt, the third idol besides?” the Devil suggested words of reconciliation and compromise with idolatry, namely, “These are exalted females, and verily their interce ion is to be hoped for.” These words, however, which were received by the idolaters with great delight, were afterwards disavowed by the Prophet, for Gabriel revealed to him the true reading, namely, “What think ye then of al-Lāt, and al-ʿUzzā, and Manāt, the third idol besides? Shall ye have male progeny and God female? This, then, were an unjust partition! Verily, these are mere names which ye and your fathers have given them.” The narrative thus related by al-Wāqidī and at̤-T̤abarī is given as an explanation of Sūrah xxii. 51 : “Nor have we sent any apostle or prophet before thee into whose readings Satan hath not injected some wrong desire.” AL -LAT̤ĪF ( اللطيف‎ ). “The Mysterious or the Subtle One.” One of the ninety-nine attributes of God. Sūrah vi. 103 : “For He is the Subtle ( al-Lat̤īf ), the All-informed ( al-K͟habīr ). LAT̤ĪFAH ( لطيفة‎ ). A term used by Ṣūfī mystics for any sign or influence in the soul, derived from God, which has such a mysterious effect on the heart that mortal man cannot expre it in language, just as a delicious taste in the mouth cannot be exactly expre ed by the tongue. ( Kitābu ʾt-Taʿrīfāt , in loco .)