At a glance
- Era
- The Prophetic Era
- Region
- Global / Diaspora
- Review
- Draft Completeness 1/5 · Help complete it
Summary
Mukabara means overpowering and defying. In the jurists' usage it is an aspect of highway robbery (hiraba): an open seizure of property, killing or intimidation that relies on force, far from help. 1
Ruling
Mukabara takes the rule of hiraba in general. The Mudawwana holds that whoever overpowers a man for his property with a weapon in an alley, or enters his womenfolk's quarters in a town, is judged as a highwayman. Killing in such a case is a discretionary punishment. 1
Mukabara and the theft limb
The Hanafis require cutting the hand for one who overpowers a man at night and takes his goods, because help at night seldom reaches the householder, but not for a daytime mukabara in a town, where help usually comes. The Malikis treat the one who takes by force as exempt if he claims ownership or admits usurpation, and liable to cutting if he takes from a secure place and then claims ownership. The Shafi'is and Hanbalis treat a group who break into a house at night and prevent the owner calling for help as highwaymen, in the sounder Shafi'i view. 2
People and things also explored
Habs (imprisonment and detention)· Hadr (blood and value wasted: no retaliation, no compensation)· Harisa (a superficial wound)· Hashima (a head wound that breaks the bone: its compensation)· Cauterising the stump (hasm)· Hija' (satire and insult in verse: its rules)· Hirabah (highway robbery)· Guarding (hirasa)
Sources
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.14920
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.14921
Cite this page
islam.museum contributors. “Open assault by force (mukabara)”. islam.museum, https://islam.museum/en/concept/mukabara/. CC BY-SA 4.0. Last updated 2026-10-23.