highway robbery (قَطْعُ الطَّرِيقِ)
الفقه أصول الفقه الثقافة والدعوة
التعريف :
To intercept people as they go on their way, and use arms to kill them or rob them.
المعنى الاصطلاحي :
An individual or a gang stop people on their way, using weapons, to scare, kill, or rob them, or the like.
الشرح المختصر :
"Qat‘"-ut-tareeq" (brigandage/highway robbery) is a major crime that harms the entire Muslim community because it blocks the means of life for them, as they do not feel safe regarding their lives, properties, and honor. It is called "hirābah" (highway robbery) by the majority of Muslim jurists, and some of them call it "sariqah kubra" (major theft). The ruler may choose from the following punishments what seems fit and what is in the interest of the society: death, crucifixion, cutting off the hands and feet, or exile from the land. If the conditions of "hirābah" are fulfilled, then the punishment is a corporal punishment; otherwise, it will be a discretionary punishment. The rulings regarding "qat‘"-ut-tareeq"are not specific to the Muslims; they are applicable to the disbelievers also if they attack the Muslims and assalt their lives, honor, and properties.