What is the penalty for a highway robber who takes property but does not kill?
General Chapter
Al-Mughni
Book of Highway Robbers
Primary text
If a highway robber takes property but does not kill, his right hand and left foot are to be amputated, as indicated by the phrase 'min khilaf' (on opposite sides) in Quran 5:33. The right hand is severed for the same reason as in theft, and the left foot is severed to ensure effective opposition and facilitate walking. The amputation of both limbs must occur simultaneously, beginning with the right hand, which is severed and cauterized, followed by the left foot, as the Qur'an mentioned hands before feet. There is scholarly consensus that only one hand and one foot are amputated if both hands and feet are sound.
Supporting text
If the perpetrator is missing a hand or foot (due to previous amputation or disease), the ruling varies. One opinion, supported by the apparent text of Al-Kharqi and Abu Hanifa, is that amputation is waived if the necessary limbs are missing, as further amputation would destroy the entire function of the limb type (grasping or walking). Another view, held by Al-Shafi'i and without known dispute, is that the remaining necessary limbs are amputated to complete the prescribed count; if the right hand is missing, only the left foot is cut, and if the left foot is missing, only the right hand is cut. If the limb due for amputation is paralyzed (ashal), and amputation risks its death, it is treated as non-existent. If medical experts say amputation does not cause death, there are two differing narrations on whether to proceed.