In the name of Allah, the most gracious ,the dispenser of grace!
The religion of Islam is framed on human nature and man has created as a social being. Social life is indispensable for human beings. The human being has being directed to be just and righteous.
The protection of property rights is important principle contemporary human rights. The Quran expressly stated the principle centuries before in the following words:
“ And eat not up your property among yourselves in vanity, nor seek by it to gain the hearing of the judges that ye may knowingly devour a portion of the property of other wrongfully”
(Al –Baqarah: 188 )
This passage of Al-Quran also mentions that bribery by use of property for corrupting the judges is unlawful, and similar are the cases of offence against property as theft, embezzlement, or robbery.
Another prove can be seen in the contemporary declarations on human rights specially provided and preach for the right to equality and equal protection of the law. Article 1 of the Universal Declaration (also article 2).
The principles of justice in the Shariah incorporate perfect observation of equality before law and equal protection thereof without of any kind of discrimination whatsoever.
The Quran says: “When you judge among men, judge with justice”
The main role of the ayah is to bring people to do good and to be fair to the people.
“ La Jarimah wala uqubah illa Bin nass”
There is no punishment if without a nass(dalil).
In the case of Hadd punishment, the position of the Prophet s.a.w. to the effect: “set aside hudud punishment when there is element of shubahat/doubt.
For example in the case of sariqah, the method of proving the offence must fulfill certain requirement in order to convict the right person and to be just to the aggrieved party.
First requirement is the act of taking the property must be secretly.
This is why for the reason that the act of taking away property of another person publicly by force or other form not to be called as theft but other term as robbery, plunder, usurpation. It fall to the another category, not sariqah.
Second requirements is the act of taking must be complete which means that referring to the act of removing the stolen property from its place and transferring to another place in a complete manner. But if the criminal entered into the custody of a person and removed the property of the particular person and stored in the same premise, it is not liable to the hadd punishment as the act is not complete.
So, we can say that syariah law does not burden the society easily. The method of proving being highlighted by Syariah is comprehensive and fulfilling the equal right of being heard before court. Islamic law indeed uphold the principle of justice. Law is always related to ibadah, and in order to succeed here and hereafter, everything must based on Allah’s Law.