An Analytical and Research-Based Study of the Jurisprudential Interpretations and Applications of the Ḥadd of Ḥirābah in Islamic Criminal Law

Abstract

This research paper, titled "An Analytical and Research-Based Study of the Jurisprudential Interpretations and Applications of the Ḥadd of Ḥirābah in Islamic Criminal Law" is based on the Islamic system of Hudood (fixed punishments) with a particular focus on the rulings, meaning, jurisprudential details, Quranic and Hadith-based foundations, and contemporary applications of the ḥadd of ḥirābah (armed robbery or violent insurgency). It presents a comprehensive and research-based analysis of the rulings related to ḥirābah in Islamic jurisprudence. Through the lens of the Qur’an, Hadith, jurisprudential principles, and modern contexts, the paper clarifies that ḥirābah is not merely an individual crime but equivalent to rebellion against societal order, state governance, and public peace. Shariah has prescribed the most severe punishments for such offenses. Surah Al-Ma'idah, verse 33, outlines the punishments for those who wage war against Allah and His Messenger (peace be upon him) and spread corruption on the earth. These punishments include execution, crucifixion, the amputation of hands and feet, or exile. Crimes such as modern terrorism, kidnapping, bombings, and targeted killings have also been categorized under ḥirābah, and contemporary Islamic states have legislated accordingly.A practical example from the life of the Prophet Muhammad (peace be upon him) — the incident of the 'Uraniyyin — is presented, in which bandits were given a severe punishment.