Reflection on the condition of " Safe custody "( hirz) in theft

In the sacred religion of Islam, prescribed punishment has great position. One of the prescribed punishments is related to theft that is explicitly is mentioned in The Holy Quran (Maeda, 5, 38). The execution of prescribed punishment for theft is subject to the existence of all conditions together. One of which is the case when the stolen property has been in a safe custody. In this article we investigate whether or not Safe custody (Hirz) is among the conditions for carrying out the theft? Then the reasons of Advocates and Opponents about conditionality of Safe custody are investigated. we have come to the conclusion that Safe custody is not the condition for the execution of the theft prescribed punishment.  Even if it is effective in carrying out the sentence it must be implied in the meaning of theft Itself .When so it will be possible to see why  the holy lawgiver has not taken Safe custody as a condition.