The Punishment for Armed Robbery and Brigandage

The Shaykh : If nothing of that is found, their necks are cut, because Allah says in His Noble Book: And here, some scholars said that the "or" indicates variety, meaning that they are killed and crucified, and their hands and feet are cut off from opposite sides, and they are exiled from the land according to their crime. And some people of knowledge said: Rather, the "or" here indicates choice, meaning that the one in authority has the choice: if he wishes, he kills and crucifies them; if he wishes, he cuts off their hands and feet from opposite sides; and if he wishes, he exiles them from the land, according to what he sees as the public benefit. And this opinion is very good, I mean: that the "or" here indicates choice, meaning that the one in authority has the choice. Because perhaps this person's crime is apparent and easy, but in the long run it becomes difficult and becomes a source of misguidance for the community. So here, for example: do we say to the one in authority, "If this person's crime is easy, exile him from the land, drive him out, that is sufficient, or cut off his right hand and left foot, that is sufficient"? He might say, "That is not sufficient; this is a matter to be feared in the future; this is not enough to protect the Muslims from his harm except that I kill him." We say: Yes, you have that right. So the "or" here indicating choice is closer to the truth, closer to the truth than it being applied according to the crime. It is obligatory upon the rulers, it is obligatory upon them, to remove harm from the path of the Muslims, meaning to remove every caller to evil, or to atheism, or to licentiousness, or to open sinfulness, such that he is prevented from spreading whatever he wants of any kind of evil and corruption. This is the obligation. But there is no doubt that among the rulers whom Allah has placed over the Muslims, some are negligent, some are lax. They are lax with the matter at its beginning until it grows and increases, and at that time they are unable to prevent it. So it is obligatory that evil be met from its very beginning by cutting off its root, so that it does not spread and does not mislead people with it. The important thing is that removing harm from the path—the physical path, the path of the feet, and the spiritual path, the path of the hearts—and the work of removing harm from this path and that path is all of what brings one closer to Allah. And removing harm from the path of the hearts and righteous work is more severe in reward, greater in reward, and more urgent than removing harm from the path of the feet. And success is from Allah.