In the name of Allah, Most Merciful, the Bestower of Mercy.
All praise is due to Allah, the Lord of all creation, may Allah extol the mention of our noble Prophet Muhammad (Peace be upon him) in the highest company of Angels, bless him and give him peace and security ― and his family, his Companions and all those who follow him correctly until the establishment of the Hour.
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Dear brothers and sisters! Know that, the whole issue of Hirabah, which is also known as banditry, can be summed up in the following points:
● Definition of banditry (Hirabah).
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● Ruling on banditry (Hirabah).
● Punishment for banditry (Hirabah).
● The reasons for the different types of these punishments.
● Repentance of the bandit (Muharib, a person who commits Hirabah).
1. Definition of banditry (Hirabah):
Banditry (Hirabah) means ambushing people, kidnapping them and threatening them with weapons and so on, in the bush, in the deserts, on the road or in the cities, killing them, terrorising them and seizing their property or wealth by force and openly.
Wealth is mentioned specifically because this is what usually happens, but the ruling applies also to people who terrorise others for the purposes of rape or sodomy.
2. Ruling on Banditry (Hirabah):
Banditry (Hirabah) is one of the most serious of major sins, and it is forbidden in Islam, according to the Qur’an, the Sunnah and ijma (scholarly consensus).
Allah the Most High says in the Qur’an:
“The recompense of those who wage war against Allah and His Messenger and do mischief in the land is only that they shall be killed or crucified or their hands and feet be cut off on the opposite sides, or be exiled from the land. That is their disgrace in this world, and a great torment is theirs in the Hereafter. Except for those who (having fled away and then) come back (as Muslims) with repentance before they fall into your power; in that case, know that Allah is Oft-Forgiving, Most Merciful.” [Qur’an, 5:33]
In the Sunnah or Hadith of Prophet Muhammad (Peace be upon him), Anas (may Allah be pleased with him) reported that some people came from Akl or Arinah and avoided Madinah (i.e., they did not want to stay in Madinah because they were suffering from a fever). The Prophet (Peace be upon him) ordered them to drink the urine and milk of milch-camels (for treatment of their fever). They did that, and when they got better, they killed the shepherd of the Prophet (Peace be upon him) and stole the sheep. This news reached the Prophet (Peace be upon him) at the beginning of the day, and he sent people in pursuit of them. At mid-day, they were brought to him and he commanded that their hands and feet should be cut off and their eyes put out, then they were left in al-Harrah begging for water, but no one gave them water.” [Bukhari and Muslim reported it]
And in the Ijma (Consensus), the Ummah of Prophet Muhammad (Peace be upon him) agreed that banditry (Hirabah) is prohibited (Haram).
3. Punishments for banditry (Hirabah):
The punishment for banditry (Hirabah) is one of the hudud or punishments prescribed by Shari’ah, and the punishment varies according to the severity of the crime. This is explained as follows:
1. Whoever kills someone and steals their property, should definitely be killed and crucified, so that everyone will know about him. It is not permitted to forgive him, by the consensus (Ijma) of the scholars, as was reported by Ibn al-Munzir in his famous book, Al-Ijma.
2. Whoever kills but does not steal, should definitely be killed, but not crucified.
3. Whoever steals property but does not kill, his right hand and left foot should be cut off at the same time, then the bleeding should be stopped and he should be released.
4. Whoever merely terrorises people, but does not kill or steal, should be banished from the land to another country, where he should be detained until he has repented sincerely and is reformed.
The evidence for the above is as follows:
1. The words of Allah:
“The recompense of those who wage war against Allah and His Messenger and do mischief in the land…” [Qur’an, 5:33]
And the report narrated from Ibn Abbas (may Allah be pleased with them both), who said:
“The Messenger of Allah (Peace be upon him) made a peace treaty with Abu Barzah Hilal Ibn Awaimir al-Aslami. Some people came, wanting to embrace Islam, and they were ambushed by the companions of Abu Barzah. Then Jibril (Peace be upon him) brought to the Messenger of Allah (Peace be upon him) the revelation of the punishment for killing and stealing property, which is to be killed and crucified, and the punishment for killing without stealing, which is to be killed Whoever steals property but does not kill should have his hand and foot from opposite sides cut off. Whoever becomes Muslim, Islam cancels out whatever deeds came before it at the time of shirk.” [See the Tafsir of Imam al-Tabari, volume 10, page 260-261]
4. The reason for different levels of punishment:
Different punishments for different degrees of banditry (Hirabah) have been prescribed for a very important reason. Banditry (Hirabah) may take different forms, as is well known, it might not involve only killing, or only stealing. It might involve both stealing and killing, or it may involve neither, only terrorising people. These different forms of crime dictate different forms of punishment.
The basic principle in Shari’ah is that the punishment should fit the crime, as Allah the Most High says:
“The recompense for an evil is an evil like thereof.” [Qur’an, 42:40]
If these punishments did not vary according to the crime, and there was room for choice, this might result in the most severe punishment for one whose crime was the least serious, or the lightest punishment for one whose crime was most heinous, which is a travesty of justice. The fact that punishments vary according to the seriousness of the crime makes perfect common sense.
5. Repentance of the bandit (Muharib):
If the bandit (Muharib) repents, it can only be either of the following two scenarios:
1. Either he repents before he is caught.
In this case, the punishment for banditry (Hirabah) no longer applies, and he should be treated like one who is not a bandit (Muharib). The punishment of banishment, amputation, or execution etc., no longer applies, except in cases where the victim or his family have the right to demand retribution. The evidence for this is the words of Allah:
“The recompense of those who wage war against Allah and His Messenger and do mischief in the land is only that they shall be killed or crucified or their hands and feet be cut off on the opposite sides, or be exiled from the land. That is their disgrace in this world, and a great torment is theirs in the Hereafter. Except for those who (having fled away and then) come back (as Muslims) with repentance before they fall into your power; in that case, know that Allah is Oft-Forgiving, Most Merciful.” [Qur’an, 5:33]
2. Or he repents after he is caught.
In this case the punishment for banditry (Hirabah) still applies, and indeed the leader is obliged to carry it out, because the exception mentioned in the Qur’anic verse clearly applies only to one who repents before he is caught. It is not too difficult for a person who wants to escape the prescribed punishment to feign repentance.
This punishment is part of the Islamic Shari’ah which Allah has prescribed for every time and place, not just for one particular country, place or period. The Muslims Ummah applied this punishment for banditry (Hirabah) at the time of the Prophet Muhammad (Peace be upon him) and until the present time. The fact that some of the Roman and Pharaonic punishments were similar to those prescribed by Islamic law is of no particular significance, good or bad. These Islamic punishments cannot be regarded as backward or savage or barbaric at all. Any intelligent person who thinks about the severity of the crime of banditry (Hirabah) and the resulting lack of security in the land, in the cities and on the road, terrorising of the populace, robbing, killing and kidnapping, will know for sure that this ruling is exactly what these criminals deserve. The one who looks at the way the punishments for banditry (Hirabah) fit the crime exactly will see that this is the essence of justice. How can it be otherwise when the One Who has prescribed this law is the Almighty Allah, the All-Wise, the All-Knowing, the All-Seeing, the Judge, the Just, the All-Aware? He is the Best Disposer of Affairs and the Best of Supporters.
Respected brothers and sisters! In Islamic law, banditry, along with terrorism and other violent crimes, falls under the concept of Hirabah. As mentioned above, Hirabah is defined as “waging war on Allah and His Messenger” and is considered a severe crime against society. The Qur’an prescribes specific punishments for banditry (Hirabah), including execution, crucifixion, amputation, or banishment, depending on the severity and nature of the crime.
The Banditry or Hirabah: This term encompasses various forms of violent crime, including banditry, highway robbery, terrorism, kidnapping and acts that cause widespread mischief and corruption in the land.
The primary Qur’anic verse addressing banditry (Hirabah) is found in Surah Al-Ma’idah (5:33-34), which outlines the punishments for those who wage war against Allah and His Messenger and spread corruption.
The punishments for banditry (Hirabah) are severe and are intended to deter such crimes and protect the Ummah. In sum, these punishments include:
1. Execution: Killing the perpetrator(s).
2. Crucifixion: A form of public execution.
3. Amputation: Cutting off the hands and feet from opposite sides of the body.
4. Banishment: Expelling the perpetrator(s) from the land.
While the Qur’an prescribes these punishments, the specific application of these laws can be nuanced and interpreted by Islamic scholars and jurists (Fuqaha), considering the specific context and circumstances of the crime.
In contemporary contexts, particularly in regions experiencing banditry, some scholars argue that the concept of banditry (Hirabah) can be applied to understand and address the issue. However, the application of these laws in modern settings can be complex and require careful consideration.
Dear brothers and sisters! With all these explanations on the rulings of banditry (Hirabah) in Islam, we are still calling on our governments at all levels to show adalci, justice, fairness and righteousness to all.
Adalci” is a Hausa word that translates to justice, fairness, or righteousness in English. It encompasses the concept of treating everyone equitably and making decisions based on what is right and just. The word is used in various contexts, including legal and social settings, and is rooted in Islamic teachings that guide family and community life.
Adalci is fundamentally about ensuring that everyone is treated fairly and justly, without bias, marginalisation or discrimination.
It also carries a connotation of righteousness, implying moral correctness and adherence to ethical principles.
In Hausa culture, particularly within Islamic contexts, adalci is a key concept guiding social interactions and decision-making.
For examples, we have many groups that promote adalci in Nigeria:
1. The Adalci project: This project in Nigeria aims to reduce vulnerability to violent extremism by strengthening access to justice and promoting fairness.
2. Breakthrough ACTION-Nigeria: This organisation uses adalci to promote female inclusion, health, and well-being within religious and social norms.
3. Sulhu Sai Da Adalci: This project focuses on reconciliation and requires justice, particularly in the context of resettling repentant Boko Haram members.
4. And very recently, we have Dr. Ahmad Gumi/Sheikh Asadus-Sunnah’s groups promoting reconciliation, sulhu and amnesty for armed bandits in Nigeria, so that we have longlasting peace in the North and generally in our country.
Fellow brothers and sisters! Know that, Mr Fredrick Douglass said in 1886:
“Where justice is denied, where poverty is enforced, where ignorance prevails, and where one class is made to feel that society is an organised conspiracy to oppress, rob and degrade them, neither persons nor property will be safe.”
This powerful and very significant quote, attributed to Frederick Douglass, highlights the interconnectedness of social justice, economic well-being, and individual safety. It argues that when a society denies justice, enforces poverty, perpetuates ignorance, and creates a sense of systemic oppression, it ultimately undermines the security of both persons and property. Some sources say Douglass’s words serve as a warning that social unrest and instability are inevitable consequences of injustice. He said:
“Where justice is denied.”
This refers to a system where laws and institutions fail to protect the rights of all citizens equally, leading to unfair treatment and lack of recourse for grievances.
“Where poverty is enforced.”
This points to systemic economic inequality, where certain groups are deliberately kept in poverty through policies or practices that limit their opportunities and access to resources.
“Where ignorance prevails.”
This highlights a lack of education and awareness, which can be used to manipulate and control vulnerable populations.
“Where one class is made to feel that society is an organised conspiracy to oppress, rob and degrade them.”
This describes a situation where a segment of society feels systematically targeted and victimised by the very structures designed to protect them, fostering resentment and distrust.
The Douglass’s message is that a society built on these foundations cannot be secure. Some cite When people feel that the system is rigged against them, they are more likely to resort to violence or other forms of social disruption, making everyone, including those in positions of power, vulnerable.
Respected servants of Allah! Finally, I’m closing my today’s sermon with the saying that, realising and accepting a mistake is a key to finding a remedy. Only those who acknowledge and accept their mistakes can take steps to correcting them. Realisation and admission are the first steps toward correction.
May Allah guide us all to that which benefits us. And I ask Allah the Most High for protection, ameen.
All praise is due to Allah, the Lord of the worlds. Prayers, peace and mercy are upon our beloved master, Prophet Muhammad, the son of Abdullah (Peace be upon him), his family and Companions.
Murtadha Muhammad Gusau is the Chief Imam of Nagazi-Uvete Jumu’ah and the late Alhaji Abdur-Rahman Okene’s Mosques, Okene, Kogi State, Nigeria. He can be reached via: [email protected] or +2348038289761.
This Jumu’ah Khutbah (Friday sermon) was prepared for delivery today, Friday, Safar 28, 1447 AH (August 22, 2025).
