intended (1) for wayfarers, [A/Q 34] and, whenever he is alone with a group of them, kills them and takes their property. Or he invites to his home someone whom he has hired for tailoring, medical treatment, or the like, then kills him and takes his property. This is called treacherous murder, and common people call those who commit it al-muarridīn (2).

If such killing is committed to take property, are these killers treated like brigands, or are they subject to the law of retaliation? Jurists hold two views on this:

The first is that they are treated like brigands, because killing by deceit is like killing by open force: neither can be guarded against. Indeed, treacherous killing may be even more harmful because it goes undetected.

The second is that a brigand is one who openly engages in fighting, whereas the case of a treacherous killer is left to the victim’s legal heir. The first view is more consistent with the principles of the Sharia. Indeed, treacherous killing may be even more harmful because it goes undetected.

Jurists also differed concerning one who kills the ruler—as in the case of the killers of Uthman and the killer of Ali—may Allah be pleased with them both—(3): are such people treated like brigands and therefore executed as a prescribed legal penalty, or is their case left to the victim’s heirs? There are two views on this in the school of Ahmad and others (4), because killing the ruler causes widespread disorder (5).