Among the rulings on the punishment for banditry

Abstract

This research aims to shed light on the "Hadd al-Hirabah" (highway robbery) punishment as a legal penalty for protecting the five necessities and achieving societal security. The research adopted a descriptive-foundational jurisprudential approach and was based on two main sections: the first, the legal ruling on highway robbery, the conditions for being considered a highway robber, and the requirements for proving the crime; and the second, the implementation and lapse of the Hadd al-Hirabah punishment. The research reached several conclusions, including that highway robbery is a complex crime combining rebellion against public authority, criminal conspiracy, and attacks on lives, property, and even honor. It also demonstrated that repentance before apprehending the highway robbers nullifies the Hadd punishment and is generally considered a crime committed through mutual agreement. Among the most important recommendations is the emphasis on the firm application of the Hadd punishment for highway robbery as a means to eliminate gangs of thieves and saboteurs and maintain security and stability, especially during periods of security breakdown (such as the one currently being experienced in Libya).

Keywords: Highway robbery - Hadd al-Hirabah - Criminal conspiracy, repentance before apprehension.