C H A P . K
O f Katta-al-Tareek, or Highway Robbery•
Dcfcriptibn
o f what con-
•way robber.
W hen a party go. forth, prepared'for oppofition, (that is, enabled'
to repel the oppofition of others,)—or, when afingle perfon goes forth,,
ready for oppofition, from a confidence in his own prowefs,—with an
intent to commit depredations on the highway, they are termed, in.
the Arabick language,, Kattaa-al-b’arecfc*, and in the Perjian, Rah-
Ziny and the perfon.upon,whom a.robbery is fo.committed is termed.
Maktoo^ali-hee "fy
I«
Robbers are
o f four defcriptions,
and panifli-
able by im-
prifonment,
or, by amputation
of the
right band
and left foot,
Highway robbers appear under four different defcriptions-or predicaments.
first, thofe who are feized before they have robbed or
murdered any perfon, or put any perfon in fear: secondly thofe
who are feized after having only robbed'a Mujjulman or an infidel fub-
jedl:— thirdly, thofe who are feized after having committed murder
only without robbing: and fourthly, thofe who, are feized afterhaving
committed both murder and robbery. T h e law with refpeft
to thefe in the firft predicament is that, the magiftrate fhall confine-
them in prifon. until their repentance be evident,— (that is, until it be-
known from their demeanor that, they have repented, by the marks,
of repentance and contrition appearing in their countenances.) With
refpect to thofe in the fecond predicament, the law is that the magiftrate
fhall ftrike off their right hand and left foot * provided the
property taken, he .of fuch value as when divided amongft th e.
whole, 'would afford to each to the amount of ten dirms.. (Th e right;
* Literally, “ Infejters o f t i t highway A f . Literally, the depndatn.
3 hand'
hand and left foot are here particularly fpecified, becaufe, if the hand
anJ*fbot were both taken from one fide, one of the faculties would be
totally deftroyed, which amounts to killing, and the law does not
award robbers of this defection to be put to death.) With rdped to or by g f e
thofe in the third predicament, the law is that the Kdzee fhall put
them to death*, by way of punijhment; whence, if the W allee-od-dam
or avenger of blood forgive them, no regard is paid to his forgivenefs,
punijhment being a right of G o d +. (Th e rule with refpeft to thofe
three defcriptions is founded on a text of the Koran', as the pa age
which occurs upon this head evidently points to the rules here fpecified.
Let it alfo be obferved that the intent of the words “ after
“ havingrobbed a Muffulman or an infidelfubjetl,"— is that the property
may appear protefted under a lafiing proteftion %: if, therefore, a robber
take the property of an alien, in the way of highway robbery, amputation
of the hand and foot is not to be mfli&ed upon him.) The or b7 crud.
law with refpeft to thefe in the fourth predicament is that the
magiftrate has it in his option to punifh them in which ever
he fees beft: ifh e pleafe, he may firft cut off a hand and toot and imputation,
then put them to death, or crucify them; or, if he pleafe, he may put “ 'h|;fd£ere'
them to death at once, without infliaing amputation. ■ Mohammed magitoae.
holds that the magiftrate has it at his choice either to put them immediately
to death, or to crucify them; but that he is not at liberty to inflict
amputation upon them likewife-, becaufe high way robbery is a Angle offence,
and therefore cannot occafion two puniftiments; and alfo becaufe,
in punijhment, robbery without violence to the perfon is included in the
murder of the perfon, (whence it is that if a thief, being married, were
* Executed either by hanging or beheading.
+ In oppofition to retaliation, which being a right o f the individual, may either be forgiven,
or remitted for a compofition.
± In oppofition to the property o f an alien, which is in protection only during his Am in,
(or protection under which aliens are permitted to remain in a Mujjulman territory for the
fpace o f one year . )
S i to