Hirabah in Islamic law is the severe crime of open armed violence, banditry, or terrorism that disrupts public security and threatens social order.
Definition and Nature of the Crime
Waging War: Scholars describe hirabah as waging war against society or spreading corruption in the land (fasad fil-ard).
Open Force: It involves individuals or groups using weapons openly to terrorize people, take property by force, cause injury, or commit murder.
Scope: Classically, jurists defined it as highway robbery. Today, many scholars also apply it to modern acts of violent crime, organized crime, and terrorism.
Scriptural Basis
The rules and punishments for hirabah come directly from the Quran in Surah Al-Ma'idah (5:33).
It is classified as a hudd crime, meaning the punishments are fixed by religious text and do not change based on a judge's personal opinion.
Fixed Punishments (Hudud)
The punishment scales depending on what the offenders actually did during the crime:
If they killed someone and stole property: The punishment is execution followed by public crucifixion.
If they killed someone but did not steal: The punishment is execution only, without crucifixion.
If they stole property but did not kill: The punishment is the amputation of the right hand and the left foot.
If they only terrorized or threatened people without killing or stealing: The punishment is banishment, exile, or imprisonment until they repent.
The Ethical Foundation of the Sharia (Islamic Law) | Imam Zaid Shakir
Objectives of Shariah: A Quranic Perspective by Nouman Ali Khan
Sharia Law in 8 Minutes | Snapshots with Imam Tom Facchine
The Islamic Laws of War with Dr. Ahmed Al-Dawoody
