Punishment for embezzlement and taking public funds
17-2-2014 | IslamWeb
Question:
As sallam alaykum. I delivered a lecture today and the question posed to me was" what is the ruling of Islam on a company or public officer who forged to embezzle the company or public fund. Is it equal to stealing to which the hand can be cut or only that the misappropriate public fund should be returned to public or company treasury." I need an Islamic answer from you. A related question is "if the two hands of a thief is cut and he went ahead to steal what will be the next punishment. Lastly, "is the ruling on theft applicable to armed robbers when cut and the victims also died or sustained injuries due to the robbery. jazakum Allahu kayran
Answer:
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad 
is His Slave and Messenger.
Theft is one of the worst crimes that Allaah has forbidden, and Islam – out of honor for human dignity – honors property, which is the backbone of life, and honors the ownership of individuals; and it is not permissible for anyone to abuse in any manner the property of others. To this end, Islam forbids theft, usurpation, embezzlement, cheating, Riba (interest and usury), bribery, etc ..., and it considers anything that is acquired without a legitimate right as wrongful acquisition of property.
But Islam is severe on theft and it determines the cutting off of the hand of the thief, since it is with this hand that he commits the crime of stealing. The treacherous hand is like the sick limb which must be amputated in order to preserve the whole body, and this is sacrificing a part for the sake of the whole, and this is something accepted in the Sharee'ah and in human nature. It is also a lesson and deterrence for the people who have a weak soul and a sick heart, so that their souls would not dictate to them to steal the property of others again.
In this manner, people's property is preserved and their dignity is protected. Allaah says (what means): {[As for] the thief, the male and the female, amputate their hands in recompense for what they earned [i.e. committed] as a deterrent [punishment] from Allaah. And Allaah is Exalted in Might and Wise.} [Quran 5:38]
There is no difference regarding the ruling of theft whether the stolen money is from an individual or from various people. So, if a person steals from a private company, the ruling that applies to him is that of the thief with whatever that involves; but if someone acquires property through forgery or bribery, he has wrongfully acquired the propety of others and he is immensely sinful and has to give back what he had taken and repent from that. But this is not theft as we have previously clarified in Fataawa 137416 and 86527.
Taking public funds, i.e. taking the money of the state and its institutions, is also forbidden, and whoever takes it deserves to receive Ta'zeer (discretionary punishment which is not determined in Sharee'ah) according to the view of the majority of the scholars. Ta'zeer is not determined in Islamic law - it is the ruler who determines it, but this is not considered theft – which means that the hand of the offender is to be cut off – because a doubt can be put forth that he has a share in the public money. For more benefit, kindly refer to Fataawa 14984 and 184083.
However, this does not mean that he is not sinful and that he should not be punished or disciplined. Rather, it should be mentioned that taking public money is more forbidden than taking private money, as the former is an assault on the rights of the society as a whole, and the latter is transgressing the right of one single individual. Private money has someone to protect it, while as regards public funds, the whole society is responsible for protecting it.
Concerning the punishment of the thief, it is to cut off his right hand; if he steals again, his left foot is to be cut off, according to the most evident opinion. If he steals again, after cutting off his right hand and his left foot, then the scholars have disagreed. Ibn Qudaamah 
said: "If he returns and steals again after cutting his hand and foot, then we do not cut anything else from him and he is to be imprisoned; this is the view of ‘Ali 
Al-Hasan, Ash-Sha’bi, An-Nakha'i, Az-Zuhri, Hammaad, Ath-Thawri and the scholars of the Hanafi School. On the other hand, Imaam Ahmad is of the view that if he steals a third time, his left hand is to be cut off, and if he steals again for the fourth time, his right foot is to be cut, and if he steals the fifth time, he receives Ta'zeer and is imprisoned … etc."
As for the criminal who kills people or cuts any of their limbs and the like, then it is Qisaas (legal retribution) that is applied to him with its conditions; the ruling of Hiraabah (banditry) may be applied in case of armed robbery, as Allaah says (what means): {Indeed, the penalty for those who wage war against Allaah and His Messenger and strive upon earth [to cause] corruption is none but that they be killed or crucified or that their hands and feet be cut off from opposite sides or that they be exiled from the land. That is for them a disgrace in this world; and for them in the Hereafter is a great punishment,)} [Quran 5:33]
In any case, the one who implements the provisions of the Sharee'ah, like legal retribution or cutting a limb, is the ruler or his deputy and not the general public. For more benefit, please refer to Fatwa 81814.
Allaah Knows best.