What is the ruling on property taken by highway robbers (*Muharibun*) after they have received the prescribed legal punishments (*Hudud*)?
General Chapter
Al-Mughni
Book of Highway Robbers
Primary text
If property seized by highway robbers is still present, it must be returned to its owner. If the property is destroyed or non-existent, then the taker is obligated to guarantee its value (restitution). This is the established position of Al-Shafi'i. The obligation of restitution falls solely upon the direct taker and not upon any accessory or helper because the requirement for restitution is not a prescribed legal punishment (*hadd*), and thus does not attach to anyone other than the direct perpetrator, similar to wrongful seizure (*ghasb*) or plunder (*nahb*).
Supporting text
The implication of the opinion of the 'Ahl ar-Ra'y' (People of Opinion/Hanafi school) is that if the property is destroyed, the taker is not obligated to compensate for its value, which is analogous to their ruling concerning stolen property where the hand of the thief has been amputated.