Cutting of hand of the thief and making him wear it?

Question

Assalamu Aleykum I have a question is it permissable to wear the cut hand of a thief like a necklace because i Fund this vers often in hadiths like Musannaf ibn abi shaybah 30915 and many Other Scholars agreed with that.

Answer 1

Cutting the hand of a thief is obligatory if the necessary prerequisites are met, as it is commanded by Allah:

والسارق والسارقة فاقطعوا أيديهما جزاء بما كسبا نكالا من الله والله عزيز حكيم

[As for] the thief, the male and the female, amputate their hands in recompense for what they committed as a deterrent [punishment] from Allah. And Allah is Exalted in Might and Wise.

^{— Quran 5:38}

As for wearing it, what is permissible is hanging the severed hand from the thief's neck. This is mentioned in a (weak) hadith:

أتي رسول الله صلى الله عليه وسلم بسارق فقطعت يده ثم أمر بها فعلقت في عنقه ‏

A man came to the Messenger of Allah (ﷺ) with a thief so his hand was cut off, and then he ordered that it be hung around his neck.

^{— Jami at-Tirmidhi}

And is corroborated from authentic reports regarding the practice of some of the Sahaba such as:

أن عليا قطع يد رجل ثم علقها في عنقه

Ali had the hand of a thief amputated and then had it hung from his neck

^{— Musannaf Ibn Abi Shaybah}

It is done to cause greater deterrence for the culprit and the observers.

Doing so is a prescribed Sunnah according to the Shafi'is and Hanbalis. According to the Hanafis it is not prescribed, but the ruler is permitted to do so if he feels that it will be beneficial - their reasoning being that it is not reported that the Prophet ﷺ always used to do this rather he did it on some occasions.