Hiraba

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Punishment of war in Islam.

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The only retribution for those who make war with Allah and strive to spread corruption upon the earth is that they be killed or crucified , or their hands and feet cut off from alternate sides, or that they be exiled from the land. Such shall be their degradation in this world and, in the Akhirha (Hereafter), theirs shall be a torturous chastisement. (Quran 5:33)

This verse is among the specified punishments within the law of Shari`a regarding robbers and in total four different types of punishment has been laid out regarding this heinous crime The four punishments are:

DeathCrucifixion Cutting of the hand and the feet form alternate sidesExpulsion

Robbery is a great crime within Islam and is described as war waging against Allah hence the perpetrators are fighting the law of Allah, namely Shari`ah and they are spreading strife and corruption upon the earth trough their crime.

Asbb al- Nuzl (Reason for Revelation)

Al- Whid recorded in his Asbb al- Nuzl from Qatadh that eight individuals from the tribes of B. Ukal and B. Uraynah approached the Holy Prophet Muhammad (saw) and took the pledge of allegiance at his hands while masquerading as Muslims, in other words they where hypocrites and traitors. The climate of the city of Medina did not fit them and they became sick so they complained about their condition to the Prophet (saw), so he told them to drink the urine and the milk of the camels and he also told them that if they wished they could live with the people who used to tend the camels as Zakh. They accepted the proposal and where cured due to the camels urine, however after the generosity of the Prophet they killed the herders and stole the camels.

When the Holy Prophet (saw) heard about this event he sent some Companions in order to catch the perpetrators and when they where caught the Holy Prophet ordered that their hands and feet to be cut from alternate sides, their eyes should be pierced with hot needles and that they should be placed in the heat until they die. The reason why the Holy Prophet applied this punishment is because the perpetrator literally did the exact same thing to the innocent herders, so the Holy Prophet applied the ruling of an eye for an eye and war waging against Allah within Shari`a upon them. This is also recorded in a Hadith from Anas b. Malik in Sahih Muslim and in a other Hadith it is mentioned that these people used to plunder and spread corruption upon the earth. This entire incident is mentioned within Sahih Muslim and Sahh Bukhri.

The Penalties

The specified penalties mentioned within the verse are in regard to four different crimes. If the robbers committed murder and hade stolen, they shall be executed and be crucified for three days. If they only committed murder but did not stela, they shall only be executed. If they only robbed but did not commit murder, they shall get they hand and feet cut off from alternate sides. If the individual never committed robbery but had the intention of doing such an act they shall be exiled from the land.

According to Imm Shaf` when exiled the individual should be expelled from their country. Abu Hanifah on the other said that they should be put in prison until they repent