What is the ruling regarding a woman participating in highway robbery (*Muharaba*)?
General Chapter
Al-Mughni
Book of Highway Robbers
Primary text
If a woman participates in highway robbery, the ruling of *Muharaba* is established against her. If she commits killing and seizes property, her prescribed punishment (*hadd*) is the penalty for highway robbers. This is the position held by Al-Shafi'i. The justification is that since she is accountable (*mukallafah*) and subject to retaliation (*qisas*) and other prescribed penalties, the penalty for *Muharaba* is incumbent upon her, just as it is upon a man. Furthermore, she is punished for theft, which necessitates the application of the ruling of *Muharaba* like a man.
Supporting text
Abu Hanifa stated that the *hadd* penalty is not obligatory upon her or those with her, because she is not considered one of the people eligible for *Muharaba* in the manner of a man, thus resembling a minor or an insane person.