Library Ethics Greater Sins Chapter 36 To War again Muslims Defending from robbers
Defending from robbers
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Defending from robbers
An armed robber is the same as an attacker (Muharib) and the owner of wealth has the right to defend himself. If in this engagement the robber is killed no compensation is payable. If protecting some property is Wajib or if the robber attacks the honour then it is Wajib to defend to ones utmost capacity except if there is risk of losing ones life. If the thief has the intention of killing it is Wajib for the owner of the property to defend himself. If it is not possible he should flee or hide himself or use any other way so that his life is protected and if it is the case of a thief without weapon then too the thief is a Muharib (attacker). So whatever rule is prescribed for armed robber will also apply to him except that the penalty of Muharib is not applicable to him. If all the conditions of an attacker are found in the thief then the full penalty will be accorded to him, and if all conditions are not found, then only exemplary punishment should be given to discipline him. Such a robber is “Mustalib” (one who openly loots people and runs away) or “Mukhtalis” (One who steals quietly). The religious jurist (Hakim al-Shara) is authorized to award whatever punishment he considers suitable. The thief could be beaten or imprisoned.
A man snatched an earring from the ear of a girl and ran away. He was presented before ‘Ali (a.s.). ‘Ali (a.s.) said: His stealing and robbery is apparent and not hidden from people, therefore the penalty for stealing, that is cutting of hand, cannot be applied to him; rather he should be beaten and given exemplary punishment. Therefore he was beaten and imprisoned. The third kind is “mukhtÄl” means one who betrays and in a tricky manner takes away the wealth of someone. Like faking certificates to trick people into parting with their wealth. It is necessary that all such people be punished with exemplary punishment.
