Others said: Those who commit armed robbery in towns are not treated as brigands for the purpose of incurring these prescribed penalties. This was the view of Abu Hanifah, may Allah have mercy on him.

The punishment of brigands is what Allah, Exalted is He, has mentioned: “that they be killed or crucified, or have their hands and feet cut off on opposite sides, or be banished from the land.” Some held that the imam has discretion concerning brigands, choosing between execution, amputation, crucifixion, and banishment (1), as the apparent meaning of the verse indicates. This was the view of Sa'id ibn al-Musayyib, al-Hasan, al-Nakha'i, and Mujahid.

The majority held that these punishments correspond to the respective offenses, rather than being left to discretion. This is based on what Abd al-Wahhab ibn Muhammad al-Khatib related to us: Abd al-Aziz ibn Ahmad al-Khallal related to us; Abu al-Abbas al-Asamm related to us; al-Rabi' related to us; al-Shafi'i related to us; Ibrahim ibn Muhammad related to us, from Salih, the client of al-Taw'amah (2), from Ibn Abbas, may Allah be pleased with them both, concerning highway robbers: if they kill and take property, they are executed and crucified; if they kill without taking property, they are executed but not crucified; if they take property without killing, their hands and feet are cut off on opposite sides; and if they terrorize travelers without taking any property, they are banished from the land (3).

This was also the view of Qatadah, al-Awza'i, al-Shafi'i, and the proponents of legal reasoning, may Allah Most High have mercy on them.

If a highway robber kills, he must be executed (4); the punishment is not waived by the pardon of the victim’s heir. If he takes property reaching the minimum amount liable to the theft penalty—one quarter of a dinar—his right hand and left foot are cut off. If he kills and takes property, he is executed and crucified.

They differed over how this is to be carried out. The apparent position of al-Shafi'i, may Allah have mercy on him, is that he is executed and then crucified. It was also said that he is crucified alive and then stabbed until he dies while crucified; this was the view of al-Layth ibn Sa'd. Another view is that he is crucified alive for three days, then taken down and executed. If he merely terrorizes travelers, he is banished.

They also differed regarding banishment. Some held that the imam pursues him, and wherever he is found in a town, he is banished from it. This was the view of Sa'id ibn Jubayr and Umar ibn Abd al-Aziz. It was also said that he is sought in order that the prescribed penalties be carried out upon him; this was the view of Ibn Abbas and al-Layth ibn