Hand amputation law (NCIS: LA S02E04)

TV Show
NCIS: Los Angeles Season 2 Episode 4 titled "Special Delivery"

Storyline

The body of Corporal Thomas Porter is found in a parking lot, and the body is also missing a hand. When the team discovers that Porter had top secret clearance, they suspect that some sensitive government information may have been compromised. Eric discovers that Porter was being investigated with regards to the actions of his commanding officer while in Iraq. His CO was accused to stealing rare artifacts from Iraq and selling them off on the black market.

Sam and Callen go to investigate a jeweller named Jacob Rosen, but when they arrive at his store, he's already dead. And his hand has also been chopped off. Calls from Rosen's phone lead the team to an Iraqi-born jeweller named Aziz Ashiri, who was supposed to meet with Porter the day he was killed.

Kensi and Deeks go to talk to Ashiri, posing as a couple who want to buy some Iraqi jewelry. They find a bloody knife stashed among Ashiri's belongings but suspect that he's being set up by someone else. This causes the team to reexamine the security camera footage of the parking lot. The last car to enter the lot before Porter's death had been reported stolen.

Porter's friend, Corporal Petersen had stolen the car, and Petersen had also worked as the middle man between Porter and Rosen. However, Petersen realized that it was Porter who'd get all the money. So he murdered Porter and Rosen, then planted evidence with Ashiri so that he'd be accused of the crimes. Petersen would then take all the jewels for himself. Sam and Callen go after Petersen, and he flees, dying in the resulting shootout.

What we learn?
We'll discuss "hand amputation law for thief in Islam". Agent Sam Hanna was correct, he said that the hand amputation procedure was incorrect because the knife is wrapped in paper not in sacred ceremonial cloth.
I might not be a fuqoha (Islamic-law expert) but searching on Google, I found there's another flaw on the "hand amputation"-trap by the real culprit.

Here's some of the law that had been broken by the real culprit:

1. Hand amputation law must be done in Islamic country
2. The Islamic country mentioned must be in prosper (where no hunger happen on the country)
3. Must be done by khalifa (leader of the Islamic country) or person that has been allowed to do so by the khalifa
4. Some of fuqoha (Abu Ja'far) had a reason that the amputation is not done from wrist or elbow. Instead, only his/her finger is enough.

There's a lot more of requirements for this law to be held correctly. It's not as easy as it seems.

Why there's such a cruel law?
From various source, I can summarise it that the law exist for good reasons: it's as shock therapy, education and prevention.

Source (all in Indonesian except the last one):

• http://susiyanto.wordpress.com/2008/05/19/hukum-potong-tangan-kejam/
• http://www.almanhaj.or.id/content/1670/slash/0
• http://qitori.wordpress.com/2008/11/18/hukum-potong-tangan-jari-atau-tangan/
• http://law.jrank.org/pages/664/Comparative-Criminal-Law-Enforcement-Islam-Theft-sariqa.html

Further reading:

• Crime and Punishment in Islamic Law: Theory and Practice from the Sixteenth to the Twenty-First Century by Rudolph Peters
• Encyclopedia of Islamic Law: A Compendium of the Major Schools by Laleh Bakhtiar