What is the ruling for a highway robber (*Muharib*) who commits murder but does not steal property?

General Chapter

Al-Mughni

Book of Highway Robbers

Book 52 · Issue 1 · Bab 1

Open in Qurani

Primary text

Execution is mandatory for a highway robber who murders but does not take property. The hand is not amputated, and the robber is not crucified. This is because execution encompasses the other prescribed penalties in this case, as crucifixion is contingent upon the taking of property alongside murder, which did not occur. These two prescribed punishments (execution and amputation/crucifixion) are distinct, and when joined, the more severe penalty, execution, subsumes the lesser ones.