Wednesday, 29 April 2026 (12 Dhuʻl-Qiʻdah 1447 AH)
Question: There is a thief who brazenly attacks the qāt farms of some people. The owners of the qāt have tried to make him stop harming them, but those attempts have not been of any benefit. Is it permissible for them to beat him if they find him stealing their qāt, or to imprison him in their houses? This is bearing in mind that he used to steal from other people, and they beat him, and after that he did not steal from them again. So if it is permissible for us to beat him, what is the ruling if that beating causes his death? Please inform us. Peace be upon you.
The answer – and Allah is the One who grants success and gives support – is that it is permissible for a person to defend himself and his property. However, it is not permissible for him to repel (the aggressor) with what is more severe when it is possible to repel him with what is lighter.
Thus, the questioner should first ask the thief’s family to restrain him from harming him. Then, if they do not restrain him, he should ask the state to prevent this thief’s harm from reaching him. Then, if that does not help, he should threaten and warn the thief. Then he should frighten him by shooting (firearms) around him. Then, if none of that deters him, (it is) beating at that point – and “the last of remedies is cauterization.”
The proof for what we have mentioned is the proof (evidences) of forbidding evil.
However, if beating the thief or imprisoning him would stir up his tribe to seek revenge and retaliation, which could lead to tribulation between the two tribes and perhaps to killing between the two sides, then it is not permissible to beat the thief in that case. That is because the corruption that results from the beating would be greater than the benefit that results from it.
Source: Min Thimār al-ʿIlm wa al-Ḥikmah vol.2