for this is in Allah’s cause. If the wayfarers who have been robbed—such as merchants who may fall victim to robbery—owe zakat, the ruler may collect the zakat on their wealth and spend it in Allah’s cause, such as on supporting those who pursue highway robbers. If the robbers possess considerable strength that makes it necessary to win them over, the ruler may give some of their chiefs payments from fay’ (revenues acquired without fighting), public-interest funds, and zakat, to help bring in the others, or to induce a chief to cease his wrongdoing, thereby weakening the rest, or for similar purposes. These recipients would fall among those whose hearts are to be won over. More than one imam, including Ahmad and others, has stated this, and it accords with the apparent meaning of the Book and the Sunnah and the fundamental principles of Islamic law.
The ruler must not send anyone too weak to confront the robbers, nor anyone who takes money from their victims—merchants and other wayfarers. Rather, he must send strong, trustworthy soldiers. If that is impossible, he must send the most suitable available, then the next most suitable.
If any of the ruler’s deputies, village chiefs, or others secretly or openly direct the robbers to plunder, then take a share of whatever they seize, shield them, and either appease the victims by returning some of their wealth or leave them unappeased, such an official’s crime is graver than that of the robbers’ chief. For the latter can be checked by lesser means than are needed to check the former. Such an official must be subject to the same ruling as those who provide the robbers with backing and assistance. If they kill, he too is to be put to death, according to the view of the Commander of the Faithful, ‘Umar ibn al-Khattāb, may Allah be pleased with him, and most of the people of