Law of Looting/stealing When Disaster

Law of Stealing/Looting When Disaster

Question :
What is the law of looting and stealing the mini market when the atmosphere is disastrous, such as the recent earthquake and tsunami? Is the reason for disasters allowing that?




Answer:



Bismillah was shalatu was salam ‘ala Rasulillah, wa ba'du,

There is a rule that says,



The Had punishment was aborted due to Syubhat reasons.

The had is a punishment for criminals who have been determined in Islam. Like cutting hands for thieves. While what is meant by syubhat are all reasons that can abort a punishment, such as hunger or lack of clarity.

The scholars emphasized that theft or looting or stealing during the famine/hunger season aborted the Had Punishment.

As-Saerozi - Syafiiyah Ulama - in al-Muhadzab said,


If there are people who steal when starving, then it is seen,

If food is still there, then he cuts his hand, because he doesn't need to steal the food. but if he does not have food, his hand is not cut. Based on the history of Umar Radhi Allahu ‘anhu that he said,

In his statement above, in conditions of hunger and scarce food, people may steal. And this is one of the reasons for not cutting his hand.

Ibn al-Qoyim in I'lamul Muwaqqi'in said,


If a famine occurs so that people experience forced and emergency conditions, no thief will take action other than for emergency reasons to cover their food needs. And it is obligatory for the owner of the property (Food) to give the property (Food) to him, either by buying or free, there is a khilaf (differences between) ulama in this matter.

Then Ibn al-Qoyim continued,


And the correct opinion, it is obligatory for the food owner to give the food for free. Given the obligation of equality and safeguarding the soul as long as it is still able to be done, and prioritizing others with food outside of their basic needs when people in need are in an emergency. And this is a very strong statement, which invalidates the punishment for cutting hands for people in need ... moreover, he is allowed to force food owners to be allowed to take enough food to overcome their hunger. 

If the conditions require not to arrive at the emergency limit, we did not find a statement from the cleric who allows theft. This means that theft is still prohibited, so it does not eliminate the sin of stealing. In the Encyclopedia of Fiqh stated,


An emergency includes a syubhat who aborted the Had punishment. Emergency allows humans to take other people's property, according to their needs to avoid the risk of death ...

Hajat condition (Need conditions) are lighter than emergencies. Hajat is all the conditions that cause great difficulties because that can be used as an excuse to abstain from aborting the Had punishment. But this does not preclude the existence of compensation or the punishment of ta'zir (punishment other than had). 
(al-Mausu'ah al-Fiqhiyah, 24/298-299).

The explanation of the clerics related to the conditions of emergency and the above emergency conditions only applies to theft in the form of food or all things needed to maintain life. As for other properties that are not related to life defense, such as television or furniture, the law is like the original law, which is prohibited to be taken.