Question regarding last sentence in the Quran 5:44 and 5:45

I'm still learning the Quran and reading bit by bit everyday. So naturally I end up having questions too on how to understand certain Aya.

Currently I'm in the process of reading Surah 5, Ayat 44 and 45. And after reading them I couldn't help but wonder about the following parts in both Ayat marked in bold (quoted from the Clear Quran):

5:44

Indeed, We revealed the Torah, containing guidance and light, by which the prophets, who submitted themselves to Allah, made judgments for Jews. So too did the rabbis and scholars judge according to Allah’s Book, with which they were entrusted and of which they were made keepers. So do not fear the people; fear Me! Nor trade my revelations for a fleeting gain. And those who do not judge by what Allah has revealed are ˹truly˺ the disbelievers.

5:45

We ordained for them in the Torah, “A life for a life, an eye for an eye, a nose for a nose, an ear for an ear, a tooth for a tooth—and for wounds equal retaliation.” But whoever waives it charitably, it will be atonement for them. And those who do not judge by what Allah has revealed are ˹truly˺ the wrongdoers.

Now what made me wonder is the example given a few Ayat before the above quoted ones, Ayat 5:38

As for male and female thieves, cut off their hands for what they have done—a deterrent from Allah. And Allah is Almighty, All-Wise.1

Now I know this is a very rare and exceptional punishment rarely been carried out due to the very strict conditions. But now I couldn't stop but wonder:

Let's say there is a court process, the criminal is a thief. And in commiting his crime he met these conditions, again something that rarely happend. But the judge (who is a devout Muslim) rules (for whatever reason BUT with the intention of being just or good) the thief to bring the stolen goods back or pay money in equal value, plus extra for any damages he made, inconvenience/cost for the trial and mandatory reintegration into society to avoid further missteps. If he can't pay the money he has to work community service at minimum acceptable wage where a part of his salary is withdrawn (still enough for him to live with basic necessities) to pay for this ruling until his debt has been settled.

Would that make the judge in this example a wrongdoer or disbeliever?

How would these 2 Ayat work in current day and age in the Westen world? Same crime and conditions, same thief and same judge except in this case the judge could give the ruling described in Ayat 5:38 and the higher court, law and general public would be totally fine with it. But the judge gives the same ruling as in the previous example with the same intention.

Would that make the judge in this second example a wrongdoer or disbeliever?

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from Islam https://ift.tt/bAyNUvs