Should the fighter who is condemned to crucifixion be killed first and then crucified, or should he be crucified alive?
The jurists differed regarding the crucifixion mentioned in the verse concerning the punishment of highwaymen: Is it before killing or after it?
The Hanafis and Malikis held that the highwayman should be crucified alive and then killed while crucified, because crucifixion was legislated to increase punishment and deter, and this is achieved during life.
Whereas the Shafi'is and Hanbalis, and some Hanafis and Malikis, held that he should be killed first and then crucified, basing their argument on the verbal precedence of killing over crucifixion in the verse, and on the fact that crucifying a living person is a forbidden form of torture.
The preponderant view is that the matter is subject to juristic interpretation (), and the Imam has the choice between the two options according to what serves the public interest, as neither the verse nor the specified the time or duration of the crucifixion.
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