to commit whoredom he fuffers lapidation only, and not amputation.)
The argument of Haneefa and Aboo Toofcf is that the inflicliolf in
queftion (namely death or crucifixio'n, together with amputation,)
is pnly a /ingle punifhment, more fevere than ordinary, on account
of the fuperior atrocity of its caufe, (namely, a complete ob-
f ruction o f the peace off the highway, by murdering a perfon, and then
carrying off his property,)— whence it is that cutting off the right
hand and left foot conftitutes only afn g le punifhment with refpedf to
a highway robber, whereas, with refpedt to a common th ief who. is not
a highway robber, it 'would be two punifhments; and a variety
o f crimes can only be comprehended in a numerous, but not in a
f i ngle punifhment. It is to be obferved that Kadooree, in his abridgement
of his own work, has mentioned that it is in the option
of the magiflrate either to expofe the body upon a crofs, after putting
to death the robber, or to leave it. It is recorded from Aboo Toofaf
that the body mull not be left uncrucified, becaufe crucifixion is particularly
mentioned in the facred writings, and the defign -of it is publir
city, in order that others may take warning by it. Lawyers report,
from Haneefa, that publicity is fully obtained by putting to death, the
crucifixion being only by way of aggravation, wherefore the magiflrate
has it in his option either to aggravate or not. Again, Kadooree fays
that the highway robber in queftion is to be crucified alive, and then
to be {lain by thrufting a fpear through his body: and the. fame is
recorded from Koorokhee. It'is recorded from Tehdvee that he muft
firft be {lain and then crucified; but the preceding opinion [of Koorok-
hee\ is moft approved, becaufe crucifying in the way there mentioned
is calculated to excite men's fears moft forcibly, which is the defign.
It is alfo requifite that the body of the criminal be not fufFered to remain
longer than three days upon the crofs, becaufe by that time it
become^ putrid and confequently noxious. Aboo Toofaf fays that it
ought to remain there until it fall to pieces, for the more ftriking
example: to this, .however, it may be replied that the example is.
fufficiently made by an expofure of three days..
Ip
If a highway robber be put to death, fatisfadlion for the property
he had taken is not due from him, becaufe of the analogy which this
bears to theft, in which the fame rule obtains, as has- been already
Hated.
If any one among a band o f robbers be guilty of murder, the'
Satisfaction
for the property
punifhment for it is inflifted upon the whole, becaufe the punifhment-
is in this ihftance confidered as a-penalty-for the aflault of the whole, which
is eftablifhed by eaeh of them being'aiding and abetting to the other;
(whence if any of them, in- fighting, be hard prefled, the others affift
him;) and the condition upon which the punifhment is inflidted on
them is this, that murder be committed by any one of them, which
is the cafe here. Let it alfo be obferved that it is the fame whether
the murder be committed with a club, a /lone', or a fcymitar, becaufe:
highway robbery is equally eftablifhed in all thefe cafes-
If a robber be taken who has neither murdered'wax plundered, but
onlywoundeda. perfon or perfons, iii this cafe retaliation is exacted of
him, where there is retaliation*,- or a fine, where there is fine f.
_Xhe exadtion of retaliation or fine is committed to-thofe who are
entitled to claim it, becaufe in the offence in queftion there is no
pumjhment, whence it is evident that theft are a right of the individual,
and hence he is to exadt it to whom the right .appertains,
namely, the Walee fandyat or perfon upon whom the offence has
Been committed'.
If a robber be feized who has both plundered' and1wounded any
perfon or perfons,,his hand and foot are to be cut off; but theperfonal
injury fuftained from Kim is remitted, (that is,, neither fine wax retaliation
are-incurred;)— becaufe, where punifhment' is incurred as a right o f
* As in cafe of the lofs of any limb' or organ; f As in cafe of-euts or bruifes.
G o d ,,
taken
not due in cafe
o f punijhment,.
Murder committed
by any
one o f a band
o f robbers
fubje&s the
whole to the.
penalty o f
murder.-
Wounding, uni-
attended with
murder o r '
robbery,
jefts to retaliation
orfine
but not i f a t tended
with
robbery, f o l lowed
by atn- ■
putation.
7