Hudud and qisas is circumstantial. First of all the amount someone steals has to reach a certain price and if the reason the person is stealing is because of poverty for food etc they won't receive that punishment regardless. The rule isn't there to punishment the weak and destitute.
Not sure you fully read what I said. I stated I hope they apply jurisprudence, meaning learned and established Muslim scholars are adjudicating these cases. I just didn't want what UGUS did to Muslims in Somalia to happen to Muslims in Afghanistan.