Transplant of a Thief’s Amputated Hand
Islamic Punishments
Question asked by .
Answered by Dr. Shehzad Saleem
Question:

aSince it is now possible to get a hand transplant (the donor being someone who recently died), how would that affect the punishment of the amputation? The objective of the punishment is to teach the criminal a lesson, but if he can just easily go to France and get a new working human hand, then what is the point of the punishment?



Answer:

No doubt the purpose of the punishment of the hand is to make the criminal an example in the society – for such a criminal deserves no lenience because a judge can only give this extreme punishment when the extent of his crime and his own circumstances are such that he deserves no mitigation.

To keep the criminal in such an exemplary state can only be possible if he remains in the bounds and jurisdiction of the court which pronounced the verdict. If the criminal stays within the bounds of an Islamic state’s jurisdiction a transplant can be checked. But, of course, nothing can be done if he proceeds to a country which is beyond this jurisdiction.

   
 
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