At a glance
- Era
- The Prophetic Era
- Region
- Global / Diaspora
- Review
- Draft Completeness 0/5 · Help complete it
Summary
Hirz (safe custody) is the place set up customarily to keep people's property, such as a house, a shop, a tent or a guarded person; its limits are fixed by custom. 1 Taking from safe custody is a condition of the hand's amputation for theft of ownable property, by the majority: the cut is not owed until the goods leave the whole of the custody, on the hadith that there is no cut for fruit still on the tree or for grazing animals in the mountain, and that the cut applies to what reaches the value of a shield. 2 There are two kinds: custody by place, such as houses and strongboxes, which is custody in itself; and custody by a guard, such as roads and mosques, where a nearby guard makes the place custody. 2 3 The jurists treat it under theft, and also under deposits and other contracts that carry liability. 3
People and things also explored
Habs (imprisonment and detention)· Hadr (blood and value wasted: no retaliation, no compensation)· Harisa (a superficial wound)· Hashima (a head wound that breaks the bone: its compensation)· Cauterising the stump (hasm)· Hija' (satire and insult in verse: its rules)· Hirabah (highway robbery)· Guarding (hirasa)
Sources
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.6985
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.6986
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.6987
Cite this page
islam.museum contributors. “Safe custody (hirz) in theft”. islam.museum, https://islam.museum/en/concept/hirz-safe-custody/. CC BY-SA 4.0. Last updated 2026-10-23.