What is Al-hiraba in shariah

In Shariah law, "Al-Hiraba" refers to the concept of "highway robbery" or "brigandage." It is

considered a serious offense under Islamic law and is associated with acts of violence, theft,
and intimidation committed by a group of individuals against travelers, merchants, or
communities, especially on highways or in remote areas.

THE LEGALITY OF AL-HIRABA IN BOTH QUR'AN AND HADITH:

The legality of Al-Hiraba as a serious offense is grounded in the sources of Islamic law, with
prescribed punishments for those who engage in this crime. Here is how Al-Hiraba is
addressed in the Quran and Hadith:

1. “Quranic Perspective”: The Quran addresses the concept of Al-Hiraba in Surah Al-Ma'idah
(5:33-34), where it states:

"The punishment of those who wage war against Allah and His Messenger and strive upon
earth [to cause] corruption is none but that they be killed or crucified or that their hands and
feet be cut off from opposite sides or that they be exiled from the land. That is their disgrace
in this world, and for them in the Hereafter is a great punishment. Except for those who
repent before you apprehend them. And know that Allah is Forgiving and Merciful."

This verse emphasizes severe punishments for those who commit acts of corruption,
including causing mischief on earth, waging war against Allah and His Messenger, and
engaging in Al-Hiraba. The prescribed punishments serve as a deterrent and a means to
uphold justice and order in society.

2. “Hadith Perspective”: The teachings of the Prophet Muhammad (peace be upon him) in
the Hadith further clarify the gravity of Al-Hiraba and the prescribed punishments for such
crimes. Numerous Hadith narrations highlight the seriousness of brigandage and underscore
the need to combat it to ensure the safety and security of the community.

One prominent Hadith states: "The Messenger of Allah (peace be upon him) said: 'The
hand of the thief should be cut off for a quarter of a dinar and upwards.''' (Sunan Ibn Majah)
This Hadith underscores the strict punishment for theft and related crimes like Al-Hiraba.

In summary, both the Quran and Hadith address the concept of Al-Hiraba as a grave offense
that threatens the well-being of society and is met with severe legal consequences under
Islamic law. The teachings emphasize the importance of establishing justice, maintaining
security, and deterring criminal activities to uphold the principles of Islam.

THE JURIST VIEWS ON AL-HIRABA

The views of jurists on Al-Hiraba generally align with the teachings of the Quran and
Hadith regarding the seriousness of the crime and the prescribed punishments for those who
engage in it. Here are some key points regarding the jurist views on Al-Hiraba:

1. **Seriousness of the Offense**: Islamic jurists unanimously agree that Al-Hiraba is a major
crime that threatens the security and well-being of society. The act of highway robbery is
considered a grave violation of Islamic principles, as it involves violence, intimidation, and
theft, leading to chaos and instability within the community.

2. **Prescribed Punishments**: Jurists recognize that Al-Hiraba is a "Hadd" crime, which

means it falls under offenses with specific and severe punishments prescribed in Islamic law.
The punishments for Al-Hiraba, as outlined in the Quran and Hadith, aim to deter individuals
and groups from engaging in such criminal activities by imposing strict penalties, such as
amputation of limbs, crucifixion, or exile.

3. **Social Order and Justice**: Islamic jurists emphasize the importance of maintaining
social order, justice, and security within the community. The prohibition of Al-Hiraba is seen
as a means to protect the rights and well-being of individuals, ensure public safety, and
uphold the principles of fairness and equity in society.

4. **Prevention and Punishment**: Jurists view the prevention and punishment of Al-Hiraba
as a collective responsibility of the state and the community. Efforts to combat highway
robbery, apprehend perpetrators, and administer justice are essential to safeguarding the
rights of individuals and preserving the rule of law.

5. **Context and Application**: Islamic jurists acknowledge the contextual application of

Islamic laws, including those related to Al-Hiraba, based on the circumstances and legal
systems of Muslim-majority countries. While the fundamental principles remain consistent,
the implementation and interpretation of Al-Hiraba laws may vary in different jurisdictions.

Overall, Islamic jurists uphold the gravity of Al-Hiraba as a punishable crime under Islamic
law and stress the importance of deterring acts of violence, theft, and intimidation that
threaten the security and stability of society. Their views align with the broader Islamic
principles of justice, mercy, and the protection of rights within the framework of Shariah

THE PUNISHMENT OF AL-HIRABA

The severity of the punishment for Al-Hiraba (highway Robbery) reflects the gravity of the
crime, which involves violence, intimidation, and threats to public safety and security. The
prescribed punishments for Al-Hiraba as specified in the Quran and Hadith are as follows:

1. **Severe Punishments**: The punishments for Al-Hiraba as outlined in Surah Al-Ma'idah

(5:33-34) of the Quran include:

- Death penalty: Those who engage in Al-Hiraba and cause corruption and mischief on
earth may face the punishment of being killed.

- Crucifixion: Another specified punishment for Al-Hiraba in the Quran is crucifixion, which
involves public display as a deterrent to others.

- Amputation of limbs: The Quran mentions the cutting off of hands and feet from opposite
sides as a punishment for those involved in Al-Hiraba.

- Exile: Some interpretations suggest exile from the land as an alternative punitive
measure for those committing Al-Hiraba.
2. **Hadith References**: The teachings of the Prophet Muhammad (peace be upon him) in
Hadith further emphasize the severity of Al-Hiraba and its associated punishments. Various
Hadith narrations discuss the prescribed penalties for those who commit acts of highway
robbery or brigandage, which may include severe physical punishments to uphold justice
and deter criminal behavior.

3. **Hadd Crime**: Al-Hiraba is classified as a "Hadd" crime in Islamic jurisprudence, which

means it falls under offenses with specific and fixed punishments prescribed by Shariah law.
The severe penalties for Al-Hiraba reflect the critical role of maintaining public order, safety,
and justice in Islamic society.

It is important to note that the application of these punishments and the conditions under
which they are carried out are subject to legal interpretations, considerations of evidence,
due process, and the overall legal system in Islamic countries or jurisdictions. The purpose
of the prescribed punishments for Al-Hiraba is not only retributive but also preventive, aiming
to deter individuals and groups from engaging in criminal acts that threaten the social fabric
and security of the community.

THE CIRCUMSTANCES THAT CAN MAKE A JUDGE TO PRONOUNCE CERTAIN

JUDGMENT ON ANY KIND OF AL-HIRABA:
In Islamic jurisprudence, the judgment pronounced by a judge in cases of Al-Hiraba
(highway robbery or brigandage) is based on a careful consideration of the circumstances
surrounding the offense, the evidence presented, and the principles of Shariah law. While
the prescribed punishments for Al-Hiraba are severe, there are specific circumstances and
conditions that a judge may take into account when determining the appropriate judgment in
such cases. Some of the key factors that can influence a judge's decision in pronouncing a
judgment on Al-Hiraba include:

1. **Verification of the Offense**: Before pronouncing a judgment in a case of Al-Hiraba, the

judge must ensure that the offense has been committed beyond a reasonable doubt. The
judge may consider the testimony of witnesses, physical evidence, and other relevant
information to establish the guilt of the accused.

2. **Intent and Circumstances**: The judge may take into account the intent and
circumstances surrounding the offense of Al-Hiraba. Factors such as the level of violence
used, the impact on public safety, and the intentions of the perpetrators can influence the
severity of the judgment.

3. **Repentance and Contrition**: If the accused shows genuine repentance and contrition
for their actions, the judge may take this into consideration when determining the appropriate
judgment. Repentance and seeking forgiveness are important aspects of Islamic
jurisprudence, and they may mitigate the severity of the punishment in certain cases.

4. **Mitigating Factors**: The judge may consider any mitigating factors that could warrant a
less severe judgment in cases of Al-Hiraba. These factors may include the offender's
previous conduct, mental state, coercion or duress, and other circumstances that could
affect the culpability of the accused.
5. **Restitution and Compensation**: In cases of Al-Hiraba, the judge may also consider the
possibility of restitution and compensation to the victims of the crime. Ordering the offender
to make reparations to those affected by the offense can be part of the judgment pronounced
by the judge.

6. **Public Interest and Deterrence**: While considering individual circumstances, the judge
also takes into account the broader public interest and the need to deter similar criminal acts
in the future. The severity of the judgment in cases of Al-Hiraba is aimed at maintaining
public order, safety, and security within the community.
7. Where murder is committed and property robbed, the punishment is death sentence.
8. Where murder is committed but no property is robbed, the punishment is death sentence.
9. Where murder is not committed but property robbed, the punishment is cutting off of a
hand or a foot.
10. Where murder is not committed and property is not robbed, but the road is made unsafe,
the punishment is exile or imprisonment.

It is important to note that the application of judgment in cases of Al-Hiraba is a complex

legal concept.