What is the punishment for kidnapping a Muslim, threatening him with a weapon, and seizing his money by force, and does this act fall under the scope of Allah's saying: "Indeed, the recompense of those who wage war against Allah and His Messenger and strive upon earth [to cause] corruption"?
The acts of mischief and brigandage are punishable by the Imam according to what is stated in the verse of brigandage (Ayat al-Hirabah). Jurists have differed on the condition of being away from populated areas for the application of the 'hadd' (prescribed punishment) for brigandage. The Malikis, Shafi'is, and some Hanbalis are of the view that the lack of aid (failing to receive help) is the criterion, whether this is due to being far from populated areas or due to the weakness of the ruler. This may include home invasions and threats with weapons inside cities. The Hanafis and some Hanbalis, however, stipulate the condition of being away from populated areas. The Council of Senior Scholars has issued a fatwa stating that crimes of kidnapping, robbery, and assault on lives, properties, and honors are all forms of brigandage, whether they occur in cities or deserts. Examples include: gang attacks on commercial stores with weapons, or assaults on homes and honors. This is considered brigandage even if it occurs within cities, because it instills fear in people and is a form of warfare against them.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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