The Approach of Islamic Jurists to the Topic of the Sale of Free Man in the Light of the Sakuni’s Narration

In the present study, the practical approach of Islamic jurists to the narration: “a man who had sold a free man was brought to Amir al-Mu'minin and he cut off his hand”, has been examined from both aspects of criminalization and punishment of crime through a descriptive-analytical method. As far as the nature of crime and punishment mentioned in the above said narration are concerned, the earlier jurists have proposed theft with hand cut off or Taazir as its punishment, corruption on earth with hand cut off as its punishment, absolute corruption with hand cut off or Taazir as its punishment.  The later jurists have considered this crime as kidnap with undetermined punishment. Nevertheless, the text of the above said narration has declared the crime as selling a free man with hand cut off as its punishment. This crime may be considered as trade of human beings with cut off as its punishment; since it leads to the revival of slavery, denies the will and restricts the choice and requires a strong deterrent such as cut off and ease of execution, so that it is realized without the need that the conditions for theft of property are met.