Private wealth and property are the basis of the economy and livelihood of the members of the society. Islam protects personal wealth and imposes very strict penalties against banditry, robbery, and thievery, and any violations against the sanctity of property. Cheating, embezzlement, monopoly, hoarding and many other harmful practices are also prohibited. This is done with the idea of ensuring protection to the wealth and personal assets of the individuals. Islamic law imposes the corporal punishment of cutting off the hand of the thief who steals the property of others, and the hand and foot of those who commit armed highway robbery, all according to strict requirements and due process of law. Allah, the Almighty, states in the Glorious Qur’an:

As to the thief, male or female, cut off his or her hands: a punishment by way of example from Allah, for their crime: and Allah is Exalted in Power. Full of Wisdom.

It must be noted that the process of amputating the hand of a thief is only implemented with strict conditions, which include the following:

The stolen items or valuables must be under a locked area whereby the thief breaks the lock to get to the private area. If a thief steals an item that is left outside negligently or not cared for, there is no punishment by amputation. The thief in this case may be subjected to the penalty of snatching, wherein the authorities determine the appropriate penalty or .Ta.zeer..

The theft committed must not involve food for survival from hunger. The second Caliph Omar bin al-Khattab during the famine of the .Ramadah Year. did not apply the punishment for stealing due to the conditions of widespread hunger.

The value of the stolen items must be above the range of the value set for stealing that obligates amputation of the hand.

The physical punishments are not to be executed unless there is sound evidence (i.e. no doubt that the crime has been committed) and that it is punishable by Islamic law.

Islamic jurisprudence, however, while expiating corporeal punishment of a criminal for the crime he committed, will substitute it with another type of disciplinary punishment.

Disciplinary punishment is usually less than the corporeal punishment and is determined by the Muslim judge according to the type, level, category and severity of the crime and the criminal himself and his criminal records. Disciplinary punishment may be imprisonment, flogging in public, reprimanding him or imposing a fine for his crime.

Other than thievery Islam has banned all types of transgression against private possessions, estate and land ownership. This is based on the verse in the Glorious Qur’an: And do not eat up your property among yourselves for vanities, nor use it as a bait for the judges, with intent that you may eat up wrongfully and knowingly a little of (other) people’s property . (2:188)

Therefore, the transgressor will be subjected to a tremendous and severe penalty on the Day of Requital. This is based on the statement of Allah.s Messenger :

Whosoever unjustly takes any money or the wealth of another Muslim without a due right, Allah will meet such a person while He is angry with him.. 36

Another statement of Allah.s Messenger  is: .Whosoever unjustly grabs a hand span of land (of another Muslim) Allah  will have this oppressor to be surrounded with seven earths (around his neck) on the Day of Requital.. 37

Islamic law demands that the oppressor must return the amount he unjustly confiscated of other Muslims. land or property, or alternatively he is forced to pay the value of such unjustly confiscated property. Furthermore, the oppressor in such a situation is subjected to a lashing penalty determined by the Muslim judge. Islam entitles the owner of a wealth or property to defend all that he owns, even to the point of killing the oppressor if he will not desist and continues his attack on him and his property. If the owner kills his oppressor he is not to be killed for killing the oppressor if he can prove that he killed him while defending his ownership. If the oppressor, on the other hand, killed the defending owner, the killed owner is a martyr and the attacker a murderer. This is based on the statement of Allah.s Messenger.

Reserved national resources are public property and the income generated from these natural resources must be placed in the Public Treasury to finance the needs of the public. Such resources are not to be owned privately by a specific group or class of people or individuals for any specific merit. The revenue of such resources is solely to be used for public.s welfare. It becomes a collective responsibility of the Islamic society to be vigilant against any intruder or aggressor against this property. Any unlawful exploitation of common natural resources is banned according to Islamic teachings and principles. Allah, the Almighty, states in the Glorious Qur’an: And do no evil nor mischief on the earth.(2:60) Furthermore, this is based on the statement of Allah.s Messenger ,

The human beings are partners in three (natural resources): water, grazing grass and fire (fuel)..39 Note on public and private rights in Islam:

Islam endeavors to strengthen the social ties among the members of the Islamic society. Islam addressed the rights of the immediate members of the family first, then the kindred who have obligations and rights towards each other according to their closeness. The value and the importance of such rights vary according to the kind and degree of relationship. Allah, the Almighty, states in the Glorious Qur’an: 39 Reported by Imam Malik.