What is the specific penalty when a highway robber kills someone and takes property?
General Chapter
Al-Mughni
Book of Highway Robbers
Primary text
When a highway robber kills someone and takes property, the ruling is execution by killing followed by crucifixion, in the apparent position of the Madhhab. This execution is mandatory and cannot be waived by pardon, a consensus held by all scholars whose opinions are known, including 'Umar. This applies because it is a fixed Hadd (prescribed punishment) from God; it does not lapse through pardon like other Hadd punishments. The execution is to be carried out after the crucifixion so the body can be identified and then handed to his family for burial.
Supporting text
There is a difference of opinion regarding equity (takafu'): one narration states that equity is not considered, meaning a free person is held accountable for killing a slave, and a Muslim for killing a Dhimmi, because this killing is a Hadd for God. Another narration states that equity is considered, based on the Hadith: 'A Muslim shall not be killed for an unbeliever.' If equity applies, and a Muslim kills a Dhimmi or a free man kills a slave, the perpetrator's hand and foot are amputated for taking the wealth, and they must pay the Diyah (blood money) for the Dhimmi or the value for the slave. If the robber kills but does not take wealth, he is killed but not crucified. If he kills for a reason other than taking the wealth, such as personal enmity, then the ruling is Qisas (retaliation) which is not mandatory (not a fixed Hadd), and he is crucified based on Quran 5:33.