Is the non-direct participant (Rad') in an aggressive robbery liable if the direct perpetrator is a child or insane person?

General Chapter

Al-Mughni

Book of Highway Robbers

Book 52 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the direct perpetrator of the homicide and theft is a child or insane person, no liability for the Hadd of aggressive robbery is imposed upon the accomplice ('Rad' or supporting individual). This is because the ruling of aggressive robbery (Hirabah) is not established against the direct perpetrator due to their lack of accountability. Since the ruling is not established against the principal actor, it consequently cannot be established against the supporting actor who follows by way of dependence.

Supporting text

If the direct perpetrator is neither a child nor insane, and the accomplice (Rad') is not one of those exempted individuals, the accomplice is held liable. This is because the establishment of the ruling upon the accomplice is contingent upon the establishment of the crime of aggressive robbery (Hirabah) against the principal actor.