—and if he both kills and seizes property, he is first put to death and then crucified for three days, after which his body is taken down. A second opinion holds that he is left on the cross until pus begins to ooze from him; a third maintains that he is crucified for a short time, taken down, and then executed.

Anyone who helps such robbers and swells their ranks is disciplined with imprisonment, banishment, or other discretionary measures; another view makes banishment obligatory, to whatever place the ruler deems appropriate.

With regard to the execution of a highway robber who has killed, the predominant view is that it comes under qisas (retaliatory killing); another opinion treats it as a ḥadd. On the first view he is not executed for killing his own child or a dhimmī, and if the victim dies a diya (blood money) is payable. If he kills several persons, he is executed for one of them and diyyas are owed for the remainder. If the victim’s heir pardons him in return for money, the payment becomes obligatory, the qisas is waived, yet he is still executed as a ḥadd. Should he kill with a heavy blunt object or by severing a compensable limb, the same is done to him. If he merely wounds someone and the wound heals, qisas is not compulsory according to the sounder view.

The punishments specific to highway robbery are dropped if he repents before the authorities gain power over him; they are not dropped if he repents afterward, according to the school. In the more reliable opinion, repentance does not waive any of the other prescribed ḥudūd.

Section

If one and the same person becomes liable for qisas (for killing), for amputation, and for the ḥadd of slander, and the entitled parties all press their claims, he is flogged first, then his hand is cut off, and finally he is put to death. If the heir entitled to demand his death is absent—and likewise if he is present and says, “Carry out the cutting quickly”—the offender is killed immediately after his hand is severed; the cutting is not delayed until after the flogging, according to the sounder position.

When the life-heir postpones his claim, the offender is flogged; once the flogging wounds heal, the hand is cut. If the heir entitled to the limb waits, the flogging is carried out, and the life-heir must defer his claim until the limb has been taken in retribution; if he kills the offender prematurely, the limb-heir is entitled to a diya. Should the heir entitled to the flogging postpone his right, the proper analogy is that the other two heirs must wait as well.

When several ḥudūd of God coincide, the lighter one is administered first, followed by the next lighter. Where divine ḥudūd and private claims converge, the ḥadd for slander takes precedence over adultery, which in turn is carried out before the ḥadd for drinking. Qisas—whether in the form of killing or limb-severance—takes precedence over the ḥadd for adultery.