What is the sequence and manner of crucifixion when combined with killing in highway robbery?
General Chapter
Al-Mughni
Book of Highway Robbers
Primary text
The killing precedes the crucifixion; this order is established by the linguistic sequence in the divine text, and the killing mentioned in religious law generally implies killing by the sword, which is the prescribed good manner of killing. Crucifixion is a secondary penalty inflicted after death to make an example of him so his case becomes widely known, achieving the deterrent purpose without resorting to torturing a living being. The duration of crucifixion is not explicitly fixed, but it should last only until the matter becomes widely known, which achieves the objective. Once widely known, he is taken down, washed, shrouded, prayed over, and buried.
Supporting text
Al-Shafi'i and Abu Hanifa suggest a fixed duration of three days. Others, including Al-Awza'i, Malik, Al-Layth, Abu Hanifa, and Abu Yusuf, argue that the crucifixion must occur while the person is alive, and then he is killed while crucified by being stabbed with a spear, because crucifixion is a punishment inflicted upon the living, and this penalty on the living also serves as retribution for the warfare, and crucifixion after death prevents proper burial rites.