Highway Robbery in Islam
Definition
Highway Robbery in the Islamic context refers to armed robbery or violent actions targeting travelers on public roads. It is considered a severe and heinous offense under Islamic law, leading to stringent punishments as prescribed in the Qur’an and elaborated by Islamic jurists.
Etymology
- Arabic: قَطْعُ الطَّرِيق (qat̤ʿu ’t̤-t̤arīq)
- Persian: راهزنی (rahzani)
Arabic Breakdown
- قَطْعُ (qat̤ʿ) - “Cutting off” or “severing”
- الطَّرِيق (t̤-t̤arīq) - “The road” or “the way”
The term encapsulates the notion of interrupting the safe passage of travelers, an act vehemently condemned in Islam.
Legal Implications
Qur’anic Injunction
The punishment for highway robbery is explicitly stated in the Qur’an in Surah Al-Maidah (Qur’an 5:33):
<p>“The recompense of those who war against God and His apostle, and go about to enact violence on the earth, is that they be slain or crucified, or have their alternate hands and feet cut off, or be banished from the land.”</p>
Classification and Punishment
According to the classical Islamic legal text Hidāyah, highway robbers are classified into four categories with respective punishments:
-
Pre-Offense Arrest:
- Description: Those apprehended before committing robbery or murder.
- Punishment: Imprisonment until repentance is evident.
-
Robbery without Murder:
- Description: Those who commit robbery but not murder.
- Punishment: Amputation of the right hand and left foot.
-
Murder without Robbery:
- Description: Those who commit murder but do not rob.
- Punishment: Execution.
-
Robbery with Murder:
- Description: Those who commit both robbery and murder.
- Punishment: At the magistrate’s discretion, this can involve amputation followed by death or immediate execution by sword or crucifixion.
Collective Punishment
If one individual in a group of robbers commits murder, the punishment of death is extended to the entire group, reflecting the severity with which Islam treats the sanctity of life and public safety.
Suggested Books for Further Studies
- “The Books of Destiny: Secularization and Schizophrenia in Modern Turkey” by Zaid Eyadat.
- “The Spirit of Islamic Law” by Bernard G. Weiss.
- “An Introduction to Islamic Law” by Joseph Schacht.
- “Islamic Law: From Historical Foundations to Contemporary Practice” by Mawil Izzi Dien.
Takeaways and Conclusion
Highway robbery, termed as قَطْعُ الطَّرِيق (qat̤ʿu ’t̤-t̤arīq) in Arabic, constitutes a grievous crime in Islamic jurisprudence. The Qur’an prescribes severe punishments, reflecting the crime’s impact on societal order and safety. Classical Islamic law further elaborates these penalties, categorizing robbers based on their actions and assigning proportional consequences. This strict legal framework underscores the value Islam places on justice, security, and the protection of life and property.
Understanding these elements enriches one’s knowledge of Islamic law and highlights the religion’s commitment to maintaining public order and moral conduct.
By exploring these aspects, readers gain comprehensive insights into the severity, etymology, and legal structure surrounding highway robbery in Islamic tradition.
