The role of motivation in all types of theft with emphasis on jurisprudence and legal evidence in the Islamic Penal Code approved in 1392

In all eras, people's ownership of property has been an important and sensitive issue. Undoubtedly, everyone wanted to respect their property rights, and of course there are always people who ignore these rights and commit theft, which by the way is criminalized in all legal systems. In the Islamic system, theft is under two headings, "Hadi" and "Taziri". It has been said, the position of motivation in these criminal titles is somewhat different despite being the same. In this article, with a descriptive and analytical approach, we seek to find a suitable answer to this question: Is the criminal motive different in hadi and taziri thefts? It seems that some examples of the material element in Hadi theft have a direct effect on its spiritual element, and as a result, it has an effect on the type of crime and the amount of punishment. As a result, the research findings show that some of the material examples of theft have been completely effective in determining the location of the motivation or the equivalent of the psychological element of the crime, which can even have a direct effect on the type of theft and punishment.