What is the ruling concerning one who aids a highway robber without directly participating in the act?
General Chapter
Al-Mughni
Book of Highway Robbers
Primary text
The ruling for an accessory (*ard'*) to highway robbery is the same as the ruling for the principal actor. This is the position held by Malik and Abu Hanifa. The basis for this ruling is that the act of war-making (*muharabah*) requires support, assistance, and backing; the principal actor cannot carry out the act without the strength provided by the accessory. Therefore, the accessory is treated equally to the direct participant in matters related to the armed conflict, just as both are entitled to the spoils of war. Consequently, if one member of the group commits murder, the ruling of capital punishment is established against all members of the group, necessitating the execution of all of them. If some are killed and some property is seized, it is permissible to execute and crucify them, just as if each individual had performed both acts.
Supporting text
Al-Shafi'i holds that the accessory should only receive disciplinary punishment (*ta'zir*). His reasoning is that the prescribed punishment (*hadd*) becomes incumbent upon the commission of the sin itself and is not attached to the means or the specific person involved, similar to other prescribed punishments.