Types of Theft and Their Punishments

Types of Theft and Their Punishments

زvarious reasons. It is classified as a crime against property and ownership. Just as the human body is regarded as inviolable, personal property must also be protected by both society and the state.

Pursuant to Article 267 of the Islamic Penal Code, theft is defined as the unlawful taking of property belonging to another person. Depending on the nature of the theft and the extent of the resulting harm, different punishments are prescribed.

Definition of Theft Under the Islamic Penal Code

Conditions for the Realization of Theft

For the crime of theft to be established, the following conditions must be met:

• The property must be taken unlawfully. The act of taking constitutes the core element of theft.
• The object taken must qualify as property and possess economic value in social relations.
• The property taken must belong to another person.

Types of Theft

Under the Islamic Penal Code, theft is divided into two main categories: theft subject to fixed punishment and theft subject to discretionary punishment.

Theft Subject to Fixed Punishment

Theft subject to fixed punishment refers to theft for which the punishment is prescribed by religious law and leaves no discretion to the judge. This type of theft is subject to the following conditions:

• The stolen object must have economic value.
• The property must have been kept in a secure place. A secure place is one that, by common practice, protects property from intrusion, such as a safe or any location customarily used for safeguarding property.
• The thief must remove the property from the secure place.
• The thief must breach the secure place.
• The act of theft and the breach must be carried out secretly.
• The thief must not be the owner’s father or paternal grandfather.
• The property must not be public property, property held in a general endowment, or property dedicated to public causes.
• The theft must not occur during a period of famine.
• The owner must file a complaint with the judicial authorities.
• The owner must not forgive the thief before proof of the offense.
• The stolen property must not be returned to the owner before the offense is proven.
• The stolen property must not become the lawful property of the thief before proof of the offense. For example, if a person steals property from their father and the father dies before the theft is proven, the property will pass to the thief by inheritance, and the act will no longer be subject to criminal prosecution for theft.
• The stolen property must not itself be stolen or unlawfully seized property.

Is Theft by a Co-Owner Subject to Fixed Punishment?

Under the law, theft of jointly owned property constitutes theft. If a co-owner takes more than their lawful share and the excess exceeds the statutory threshold, the theft is considered subject to a fixed punishment. The property taken must exceed the co-owner’s legitimate share.

Punishments for Theft Subject to Fixed Punishment

• First offense: Amputation of four fingers of the right hand.
• Second offense: Amputation of the left foot.
• Third offense: Life imprisonment.
• Fourth offense: Capital punishment.

Theft Subject to Discretionary Punishment

Any theft that does not meet the full set of conditions required for fixed punishment is classified as theft subject to discretionary punishment. Such offenses are subject to a range of penalties determined by law.

Types of Discretionary Theft

• Simple Theft: This type of theft occurs openly by unlawfully taking another person’s property without their knowledge or consent. Pursuant to Article 661 of the Islamic Penal Code, the punishment consists of imprisonment from three months and one day to two years, and up to seventy-four lashes.
• Aggravated Theft: Aggravated discretionary theft refers to theft accompanied by factors that intensify punishment, including the following examples:

• • Theft accompanied by threat or violence is punishable by imprisonment from three months to ten years and up to seventy-four lashes.
  • Armed or group theft committed at night, which, if it does not qualify as armed rebellion, is punishable by imprisonment from five to fifteen years and seventy-four lashes.
  • Theft involving five cumulative aggravating factors is punishable by imprisonment for five to twenty years and up to seventy-four lashes.
  • Armed burglary of a residence.
  • Theft from banks or currency exchange offices is punishable by life imprisonment.
  • Highway robbery, which, when classified as armed rebellion, may result in punishments such as execution, crucifixion, amputation of the right hand and left foot, or exile.
  • Theft of cultural and historical artifacts is punishable by imprisonment for 1 to 5 years.
  • Theft committed in areas affected by natural disasters, such as floods or earthquakes, is punishable by a term of one to five years’ imprisonment and 74 lashes.
  • Unlawful appropriation of water, electricity, telephone, or gas services is punishable by compensation through a monetary fine equal to one to two times the amount of damage caused.

Frequently Asked Questions About Types of Theft and Their Punishments