to discharge an obligation incumbent upon him. For Allah has permitted a man in His Book to strike his wife if she is defiant and refuses to fulfil the duty incumbent upon her, until she fulfils it. These offenders are all the more deserving of such treatment. The right to demand restitution and to have this punishment imposed belongs to the owner of the property. If he wishes to give them the property, reach a settlement over it, or waive their punishment, he may do so. This differs from carrying out the prescribed punishment upon them, which cannot be waived under any circumstances. Nor may the ruler compel the owner to relinquish any part of his right.

If the property has been consumed or otherwise destroyed while in their possession, or in the thief’s possession, one view is that they must compensate its owners, just as other debtors are liable. This is the view of al-Shāfiʿī and Ahmad, may Allah be pleased with them both. If they are insolvent, the debt remains their liability until they have the means to pay.

Another view is that compensation and amputation cannot both be imposed. This is the view of Abū Hanīfah, may Allah have mercy on him.

A third view is that they are liable for compensation only if they have the means, not if they are insolvent. This is the view of Mālik, may Allah have mercy on him.

It is not permissible for the ruler to charge property owners a fee for pursuing highway robbers, carrying out the prescribed punishment, and recovering people’s property from them, or for pursuing thieves—whether for himself or for the soldiers he sends after them. Rather, pursuing these offenders is a form of jihad in Allah’s cause. The Muslim troops therefore go forth for this purpose just as they do on other military campaigns, known as baykār. Those fighting in this undertaking are to be supported from the same funds used to support other military expeditions. If their assigned revenue or stipend suffices, that is enough; otherwise, they are to be given whatever additional amount is needed for their campaign from charitable funds devoted to public interests;