Book of Highwaymen
The foundation for their ruling is the saying of Allah the Exalted: "Indeed, the penalty for those who wage war against Allah and His Messenger and strive upon earth [to cause] corruption is none but that they be killed or crucified or that their hands and feet be cut off from opposite sides or that they be exiled from the land." (1) This verse, according to the view of Ibn Abbas and many of the scholars, was revealed concerning highwaymen from among the Muslims. This is the opinion held by Malik, al-Shafi'i, Abu Thawr, and the proponents of personal reasoning (ahl al-ra'y). It was narrated from Ibn Umar that he said: "This verse was revealed concerning apostates." (2) This was also narrated from al-Hasan, 'Ata, and 'Abd al-Karim (3), because the reason for its revelation was the story of the 'Uraniyyin, who had apostatized from Islam, killed the shepherds, and drove away the camels of the alms-tax (sadaqah). The Prophet (may Allah bless him and grant him peace) sent someone who brought them, and he cut off their hands and feet, cauterized their eyes, and cast them into the al-Harrah until they died. Anas said: "Allah the Exalted revealed regarding that: 'Indeed, the penalty for those who wage war against Allah...' to the end of the verse." Reported by Abu Dawud and al-Nasa'i (4). [This is also because] waging war against Allah and His Messenger can only be committed by disbelievers, not by Muslims.
(1) Surah al-Ma'idah: 33. (2) Reported by al-Bayhaqi, in: The Chapter of Highwaymen, from the Book of Theft (Kitab al-Sariqah). Al-Sunan al-Kubra 8/282, 283. (3) 'Abd al-Karim ibn Malik al-Jazari al-Harrani, a Hafiz and one of the younger Successors (Tabi'in). He was among the reliable transmitters (thiqat) and died in the year 127 AH. Siyar A'lam al-Nubala 6/80-83. (4) Reported by Abu Dawud, in: The Chapter of What Has Been Said Regarding Waging War (al-Muharabah), from the Book of Penalties. Sunan Abi Dawud 2/443, 444. And al-Nasa'i, in: The Chapter of Interpretation of the Saying of Allah the Mighty and Majestic: "Indeed, the penalty for those who wage war...", and the Chapter of Mentioning the Disagreement of the Transmitters of the Hadith of Humayd..., and the Chapter of Mentioning the Disagreement of Talhah ibn Musarrif and Mu'awiyah ibn Salih..., from the Book of Prohibition. Al-Mujtaba 86-92. It was also reported by al-Bukhari, in: The Chapter of His Saying the Exalted: "Indeed, the penalty for those...", from the Book of Penalties. Sahih al-Bukhari 8/201, 202. And Muslim, in: The Chapter of the Ruling on Highwaymen and Apostates, from the Book of Qasamah (Blood Money Oaths). Sahih Muslim 3/1296-1298. And Ibn Majah, in: The Chapter of One Who Wages War and Strives in the Land to Cause Corruption, from the Book of Penalties. Sunan Ibn Majah 2/861. And Imam Ahmad, in: Al-Musnad 3/163, 177, 198.