The ruling on one who steals robs or rapes at knife-point or gun-point
Question

                What is the ruling on gangs or individuals who steal from people, or kidnap women and violate their honour, all at knife-point or gun-point?.
Praise be to Allah.
    These crimes, which are committed by some people who have no 
    religious commitment, are given a severe punishment in sharee’ah, which is 
    known to the scholars as the hadd for haraabah (waging war against 
    Allaah and His Messenger) or quta’ al-tareeq (banditry). This is 
    mentioned in the verse in which Allaah says (interpretation of the 
    meaning): 

    “The recompense of those who wage war against Allaah and 
    His Messenger and do mischief in the land is only that they shall be killed 
    or crucified or their hands and their feet be cut off from opposite sides, 
    or be exiled from the land. That is their disgrace in this world, and a 
    great torment is theirs in the Hereafter”

    [al-Maa’idah 5:33]
The Council of Senior 
    Scholars in the Land of the Two Holy Sanctuaries, under the leadership of 
    Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allaah have mercy on him) issued a 
    statement concerning these crimes, in which it says: 

    The Council has studied what the scholars have mentioned 
    about the shar’i rulings which in general dictate the obligation to protect 
    the five essentials of life and ensure that they remain safe. They are: 
    religion, life, honour, mental health and wealth. Islam acknowledges the 
    great danger that can result from crimes of aggression against the sanctity 
    of the Muslims’ lives, honour and wealth, and the threat to public security 
    that this can pose in the land. 

    Allaah has guaranteed protection for the people’s religion, 
    physical well-being, lives, honour and mental health by means of the 
    punishments which He has prescribed to attain security on both the public 
    and private levels. Implementing the verse concerning the hadd punishment 
    for haraabah in accordance with the rulings of the Prophet  (peace and 
    blessings of Allaah be upon him) concerning muhaaribeen guarantees security 
    and peace of mind, and deters those who would think of committing such 
    crimes and transgressing against the Muslims. 

    Allaah says (interpretation of the meaning): 

    “The recompense of those who wage war against Allaah and 
    His Messenger and do mischief in the land is only that they shall be killed 
    or crucified or their hands and their feet be cut off from opposite sides, 
    or be exiled from the land. That is their disgrace in this world, and a 
    great torment is theirs in the Hereafter”

    [al-Maa’idah 5:33]

    In al-Saheehayn it is narrated that Anas (may Allaah 
    be pleased with him) said: Some people from ‘Ukl came to the Prophet  
    (peace and blessings of Allaah be upon him) and were in al-Suffah. The 
    climate of Madeenah made them sick, so they said: O Messenger of Allaah, get 
    us some milk. He said: “I think the best thing for you is to go to the 
    camels of the Messenger of Allaah.” So they went there and drank some of 
    their milk and urine, then when they had recovered and gained weight, they 
    killed the herdsman and drove away the camels. Someone came to the Messenger 
    of Allaah  (peace and blessings of Allaah be upon him) shouting for 
    help, and he sent a party out in pursuit of them. Not much of the day had 
    passed before they were caught and brought to him. He ordered that branding 
    irons be heated and their eyes were put out, and their hands and feet were 
    cut off, and not cauterized, then they were thrown into the harrah where 
    they asked for water but they were not given any, until they died. 

    Abu Qilaabah said: They stole, killed and waged war against 
    Allaah and His Messenger. 

    Based on the above, the Council has determined the 
    following: 

    (a)  

    The crimes of kidnapping, robbery and transgression of the 
    Muslims’ sanctity by way of open and audacious hostility is a type of 
    muhaarabah (waging war against Allaah and His Messenger) and doing mischief 
    in the land, which deserves the punishment mentioned by Allaah in the verse 
    in al-Maa’idah, whether that aggression is against people’s lives, wealth or 
    honour, or it is scaring wayfarers and cutting off routes (banditry). It 
    makes no difference whether that happens in cities, villages, the desert or 
    the wilderness, as is the correct view of the scholars (may Allaah have 
    mercy on them). 

    Ibn al-‘Arabi said, telling of the time when he was a judge: 
    Some bandits were brought before me who had gone out to attack a group of 
    travellers. They took a woman by force from her husband and the group of 
    Muslims who were with him, and carried her off. Then they were hunted down, 
    caught and brought to me. I asked one of the muftis with whom Allaah tested 
    me about them and he said that they were not muhaaribeen, because haraabah 
    (the crime of waging war against Allaah and His Messenger) applies only with 
    regard to wealth, not rape! I said to them: To Allaah we belong and unto Him 
    is our return (said by Muslims at times of calamity). Do you not know that 
    haraabah (aggression) against honour is worse than aggression against 
    wealth? All people would agree to lose their wealth and have it confiscated 
    from them rather than to see aggression committed against their wives or 
    daughters. If there were any punishment more severe than that which Allaah 
    has mentioned, it would be for those who kidnap women. end quote. 

    (b) 

    The Council believes that in the verse in which Allaah says “The 
    recompense of those who wage war against Allaah and His Messenger and do 
    mischief in the land is only that they shall be killed or crucified or their 
    hands and their feet be cut off from opposite sides, or be exiled from the 
    land” the word aw (or) means that there is a choice, as is the 
    apparent meaning of the verse. This is the view of the majority of scholars, 
    may Allaah have mercy on them. 

    (c) 

    The majority of the Council believes that the deputies of the 
    ruler – the judges – have the obligation to prove the type of crime and to 
    pass judgement accordingly. If it is proven that it is a crime that 
    constitutes war against Allaah and His Messenger (muhaarabah) and spreading 
    mischief in the land, then they have the choice of issuing a sentence of 
    execution, crucifixion, cutting off a hand and foot on opposite sides, or 
    exile from the land, based on their ijtihaad and paying attention to the 
    situation of the criminal and the circumstances of the crime, as well as its 
    impact on society and what may best achieve the interests of Islam and the 
    Muslims, unless the muhaarib has killed, in which case he should definitely 
    be executed, as Ibn al-‘Arabi al-Maaliki narrated that there was consensus 
    among the scholars on this point. Among the Hanbalis, the author of 
    al-Insaaf said: There is no dispute on this point. End quote from a 
    paper published by the Council of Senior Scholars under the title al-Hukm 
    fi’l-Satw wa’l-Ikhtitaaf wa Muskiraat, p. 192-104.