Definition Qat̤ʿu ʾt̤-T̤arīq (قطعو الطريق), also known as highway robbery, is a severe offense in Islamic law, implying the act of banditry or robbery committed on public pathways and highways. The perpetrator of such an act disrupts public peace by inducing fear, robbing, wounding, or murdering travelers.
Etymology The Arabic term “قطعو الطريق” (qat̤ʿu ʾt̤-t̤arīq) can be broken down into “قطع” (qat̤ʿ), meaning “cutting” or “severing,” and “الطريق” (ʾt̤-t̤arīq), meaning “the road” or “the path.” Combined, it signifies the act of violently interrupting the safety of passage on roads.
Background Highway robbery in the Islamic world has always been a significant societal concern. It was synonymous with rebellion and terror, threatening the socio-economic stability necessary for the harmonious life of Islamic communities. Muslims saw the act as defying divine authority by spreading fear and unlawful violence on earth.
As stated in the Qur’an: “The recompense of those who war against God and His apostle, and go about to enact violence on the earth, is that they be slain or crucified, or have their alternate hands and feet cut off, or be banished from the land.” (Sūrah Al-Mā’idah [5:33])
Cultural Differences and Synonyms Different cultures within the Islamic world had distinct terms for this crime. While the Persian term is “rahzani,” indicating the broader cultural variances and terminologies, the seriousness across these cultures remains uniform.
Legal Classification and Punishments According to the classical Islamic legal text, the Hidāyah, highway robbers can be classified into four categories:
- Caught before causing harm: Such individuals are imprisoned until repentance is evident.
- Robbery without murder: This results in the cutting off of their right hand and left foot.
- Murder without robbery: Punishment is death.
- Robbery and murder: The magistrate has the discretion to either amputate a hand and foot and then execute the perpetrators, or to proceed directly to execution by sword or crucifixion.
Synonyms
- Banditry
- Brigandage
- Waylaying
Antonyms
- Legal Trade
- Peaceful Travel
Related Terms
- Sharia (شريعة): The moral code and religious law of Islam.
- Hidāyah: A fundamental text of Hanafi jurisprudence, offering interpretations and directives on various Islamic legal matters.
- Sūrāt (سورة): A chapter of the Qurʾān.
Exciting Facts
- Highway robbery was considered not only a civic but a spiritual crime as it threatened the overall safety ordained by Islam.
- Historical records indicate that some famous highway robbers repented and later became deeply religious individuals in Islamic history.
Quotations
- Ibn Qayyim Al-Jawziyya wrote, “The sin of cutting the road and spreading fear is profoundly vivid since it hinders God’s creation from His blessings on earth.”
Further Literature and Study Suggestions
- An Introduction to Islamic Law by Wael B. Hallaq
- The Ordinances of Government by Al-Mawardi
- Shariah: Theory, Practice, Transformations by Wael B. Hallaq
- The Reliance of the Traveller: A Classic Manual of Islamic Sacred Law by Ahmad ibn Naqib al-Misri
In conclusion, the crime of Qat̤ʿu ʾt̤-T̤arīq is marred by severe punishment, demonstrating how critical it was to Islamic jurisprudence. It signifies a transgression not only against individuals but also against the divine order. Each law and regulation, patterned along pious lines, echoes more than mere punishment—it beholds restoration and societal sanctity.
Ibrahim Al-Rashid.
10 October 2023
