In the present article, we conducted a thorough theoretical evaluation of the impact of gender on the punishment for Hirabah, focusing especially on the primary source for the realization of the essence of Hirabah, which is the Quran. We have left the judgment to the discerning reader of this research. Our hypothesis and claim are that a set of literary rules and contextual and associated reasons, in short, the semantic context of the subject of Hirabah in several related verses, particularly the precaution in matters of blood and ultimately considering the established rule of "averting punishment" and the principle of narrow interpretation in favor of the accused in criminal matters, especially regarding the possibility of depriving life, necessitates the male gender of the crime of Muharaba and consequently its punishment, based on gender consideration. The result and outcome of this research call for the amendment and clarification of Article 279, meaning that Muharaba certainly and exclusively includes men.