Sharia Court Sentencing of Theft (Sariqa) Offences in Kano State: Theory and Practice

Theft (Sariqa) in classical Islamic law is categorised as a Hadd offence requiring amputation of the hand for established theft above the nisab (minimum threshold) with strict evidentiary requirements for Hadd application, while lesser theft offences are adjudicated under Ta'zir. In Kano State's Sharia court system, the treatment of theft offences tests the application of both Hadd and Ta'zir doctrines in a contemporary institutional setting. This study examines the sentencing of theft offences in Kano State Sharia courts, evaluating the gap between classical doctrine and judicial practice. A case study methodology is applied to forty theft case files from three Kano Sharia court levels spanning 2005 to 2022, supplemented by interviews with twelve judges and six prosecutors. The study evaluates the nisab threshold application, the evidentiary requirements for Hadd theft, the factors that route cases to Ta'zir sentencing, and the consistency of sentencing outcomes. Existing scholarship identifies near-universal application of Ta'zir rather than Hadd for theft prosecutions in Nigerian Sharia courts, given the near-impossibility of satisfying Hadd evidentiary conditions. The classical Maliki and Hanafi doctrines on nisab calculation and evidentiary standards for Sariqa Hadd provide the analytical framework. Findings are expected to confirm exclusive reliance on Ta'zir in practice alongside pronounced sentencing variation across judges. Recommendations address sentencing guidelines, documentation standards, and post-conviction rehabilitation programmes in Kano State Sharia courts. Keywords: Sariqa, theft, Hadd, Kano State, Islamic criminal sentencing.