What is the penalty for a highway robber who kills but does not take any property?

General Chapter

Al-Mughni

Book of Highway Robbers

Book 52 · Issue 6 · Bab 1

Open in Qurani

Primary text

If the highway robber kills but does not take any property, he is killed but not crucified. This is supported by the narration concerning Ibn Abbas, where the punishment mentioned for killing without taking property was only killing. This is the sounder opinion because the penalty for killing combined with taking property is more severe, implying that killing alone results in a lesser penalty (no crucifixion). The ruling regarding the mandatory nature of killing and its status as a Hadd is the same as in the case where wealth was also taken.

Supporting text

There is another narration from Ahmad suggesting that they should be crucified because they are muharibin whose killing is mandatory, similar to those who took property.