What is the ruling regarding possessing weapons for the application of the highway robbery penalty?
General Chapter
Al-Mughni
Book of Highway Robbers
Primary text
The perpetrators must possess arms. If they do not have arms, they are not considered muharibin because they cannot prevent those who pursue them. This point is not disputed. If they threaten using sticks and stones, they are considered muharibin, a view held by Al-Shafi'i and Abu Thawr, as these items function as weapons against life and limb, akin to iron.
Supporting text
Abu Hanifa holds that if they do not have actual weapons, they are not muharibin.