As far as I know, hirabah is a hadd offense, and so I expect that it comes with a specific burden of proof. I'm unable to find sources that explain that burden of proof
Question: what burden of proof do the different madhahib require for hirabah?
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The burden of proof for hirābah is not a matter that has a difference of opinions among scholars. Proof can be established through:
The conditions for the witnesses are that they:
The hadd of hirābah is invalidated in the following cases (in which case ta'zīr takes place instead based on the judge's view of the case):
The burden of providing proof is on the plaintiff (prosecutor or victim).
The burden of passing the judgment is on the judge, and the judge has the freedom to incriminate as hirābah if other alibis prove the crime rule even in the absence of two qualified witnesses (e.g., videos through surveillance cameras, DNA tests, etc.). Tne difference is:
Note that in the absence of two witnesses, if the act of hirābah cannot be proven beyond a shadow of doubt, the accused is declared innocent and set free.
All references are in Arabic only, though: