his victim’s food, killing him and seizing his property, is thereby deemed a highwayman. The ruler determines his punishment in proportion to the gravity of his crime and the notoriety of his wickedness; in this ruling, a woman or a slave is treated exactly like a free man.

Anyone who terrifies travelers and takes people’s wealth under the guise of an (erroneous) legal interpretation receives, in Malik’s view, the same ruling as the highwayman.

Whoever wages war for sectarian reasons is fought: if he hoists his banner, calls others to it, and engages in combat, he is met with force; but if he restrains his harm, he is left alone. Should he block the road, seize wealth, and shed blood, he is subject to the very rulings already mentioned for highwaymen.

According to Malik, the law of highway robbery applies equally inside a city and outside it.

Anyone who kills another—whether within a town or beyond it—out of treachery or personal enmity, and not for the sake of wealth, is not classified as a highwayman. Retaliation (qiṣāṣ) is due, though the slain person’s heir may pardon him if he so wishes.

When a thief confronts someone on the road or elsewhere, the victim should first implore him by Allah to desist—unless the circumstances leave no time for that. If the thief refuses to cease, the victim may fight him; if he kills the thief, no liability rests upon him and the thief’s blood is forfeit. Should the victim be killed, he is regarded as a martyr.