What is the ruling regarding possessing weapons for the application of the highway robbery penalty?

General Chapter

Al-Mughni

Book of Highway Robbers

Book 52 · Issue 3 · Bab 1

Open in Qurani

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.