Chapter 01-The Prescribed Penalty (punishment) for Fornication

1244. Abu Hurairah and Zaid bin Khalid al-Juhani narrated that a Bedouin came to the Prophet and said, '0 Messenger ofAllah! I beseech you by Allah, that you judge between us according to Allah's Laws.' The man's opponent who was wiser than him got up and said, 'Yes, judge between us according to Allah's Law and kindly allow me (to speak).' The Prophet said, "Speak." He said,'My son was a laborer working for that man (the Bedouin) and he committed illegal sexual intercourse with his wife, and I was informed that my son deserved to be stoned to death (as punishment for this offence). I ransomed him with one hundred sheep and a slave girl. But when I asked the knowledgeable people they told me that my son should receive a hundred lashes and be exiled for a year, and the man's wife should be stoned to death. The Messenger of Allah replied, "By Him in Whose Hands my soul is. I shall judge between you according to the Law of Allah (i.e. His Book). The slave girl and the sheep are to be returned to you. As for your son, he has
to receive one hundred lashes and be exiled for a year. 0 Unais! Go to this man's wife, and if she confesses, then stone her to death." Agreed upon, and this is Muslim's version.






1245. 'Ubadah bin As-Samit narrated that the Messenger of Allah said, "Receive from me (this revelation), receive from me (this revelation). Allah has ordained a way for those women (348) (unmarried females who committed adultery). When an unmarried man, commits adultery with an unmarried woman, they should receive one hundred lashes and be exiled for a year." (349) If they (fornicate while they) were married, they shall receive hundred lashes and be stoned to death. (350) Reported by Muslim.

348. The Messenger of Allah referring to the verse (4:15) Surah an-Nisa' ".......and if they testify, confine them (those women) to their houses until death, or until Allah ordains form them some other way."

349. lrnarn Malik is of the opinion that a woman is not to be exiled as this will expose her to hardship, and she is not allowed to travel on her own anyway. She should only be flogged a hundred lashes the male is to be flogged and exiled. Other scholars say that if she is exiled she must be with a mahram.

350. Most scholars are of the opinion that, there is no need for flogging and that stoning is sufficient for the (married) adulterer and the adulteress. Their evidence is that the Prophet did not combine flogging and stoning in the punishment of Maiz and only stoned him to death. This is also evident in this hadith (1244) as the Prophet did not order Unais to flog her first, but just to stone her. Some scholars are also of the opinion that this had!th is abrogated as it was the first to be revealed, concerning the punishment or the married adulterer lind adulteress while the story of Maiz occured at a later time.








1246. Abu Hurairah narrated, 'A Muslim man (351) came to the Prophet while he was in the mosque, and called him saying, '0 Messenger of Allah! I have committed adultery.' The Messenger of Allah turned his face away from him, so the man came round (from the other side) towards his face and said, '0 Messenger of Allah! I have committed adultery.' The Messenger of Allah again turned his face away from him, but the man repeated his statement four times. When he testified four times that he did it, the Messenger of Allah called him saying, "Are you insane?" The man said, 'No.' The Messenger of Allah then asked him, "Are you married?" The man answered, 'Yes.' The Messenger of Allah "Take him away and stone him (to death)." Agreed upon.

351.He is Ma'iz al-Aslami as evidenced by the following hadith.






1247. Ibn 'Abbas narrated, 'When Ma'iz came to the Prophet (admitting that he had committed adultery), he said to him, "Perhaps you have just kissed, or touched or looked (at the woman)." Maiz said, 'No, 0 Messenger of Allah: Related by Al-Bukhari.







1248. 'Umar bin al-Khattlib narrated that he addressed the people and said, 'Verily Allah has sent Muhammad with the Truth and sent down the Book to him, and the verse of stoning was included in what Allah sent down. We recited, memorized and comprehended it. The Messenger of Allah accordingly (to what was in the verse) stoned to death (whoever committed adultery while being married), and we stoned after his death. But I am afraid that after a long time passes, someone may say, 'We do not find the Verses of stoning in Allah's Book,(352) and thus they may go astray by abandoning an obligation that Allah has sent down. Verily, stoning is an obligation in the Book of Allah to be inflicted on married men and women who commit adultery, when their crime is proven,(353) evident by pregnancy, or through the confession (of the adulterer).' Agreed upon.

352. A Qur'an verse was revealed prescribing the punishment of stoning, but according to the opinion of the majority of the companions and scholars, it was later abrogated, regarding its recitation in the Qur'an, but its verdict still applies as proven by the Sunnah. The Prophet and the companions after his death continued to apply this punishment for the married culprit.

353. The evidence required in this crime. is: either four witnesses, confession by the one who committed it, or pregnancy which applies only to women. The majority of scholars are of the opinion that pregnancy by itself is not a sufficient sign to inflict the punishment unless it is accompanied with confession or witnesses. Malik on the other hand believes that the pregnancy of an unmarried woman who was not forced to commit forrrication, is sufficient to inflict punishment taking this hadith as evidence.








1249. Abu Hurairah narrated, 'I heard the Messenger of Allah say, "When the slave-woman of one of you commits adultery and she is proven guilty (through witnesses or confession), he should flog her as prescribed (for the slave woman),(354) but he should not admonish her. If she does this again, then she should be flogged again but he should not admonish her. If she commits it for the third time, and she is proven guilty, then he must sell her even if it was for a rope of hair." Agreedupon, and the wording is from Muslim.

354. The Messenger of Allah is referring to the verse, "And after they have been, taken in wedlock, if they commit illegal sexual intercourse, their punishment is half that for free (unmarried) women (4.25). The punishment referred to in this verse is 50 lashes.







1250. 'Ali narrated that the Messenger of Allah said,"Inflict the prescribed punishment on those whom you possess (i.e. your slaves)."
Related by Abu Dawud and Muslim (but only traced to the Companion).







1251. 'Imran bin Husain narrated, 'A woman from Juhainah came to the Prophet while she was pregnant due to committing adultery, and said, '0 Messenger of Allah! I have done something for which a prescribed punishment is to be inflicted, so please inflict it on me. The Messenger of Allah called her guardian and said, "Be good to her, and when she delivers bring her back to me." Her guardian brought her back when she had delivered and the Messenger of Allah gave his commands and her clothes were tied around her and then the Prophet gave his commands and she was stoned to death. The Messenger of Allah offered funeral prayer for her, and thereupon 'Umar said. '0 Messenger of Allah! You offer funeral prayer for her even though she committed adultery?' The Messenger of Allah replied, "She has offered such a repentance (for her sin) that if it was divided between seventy of the inhabitants of Madinah, it would be sufficient for them. Have you found such repentance better than sacrificing her life for the sake of Allah, the Almighty?" (355) Related by Muslim.

355. No punishment is to be inflicted on the pregnant woman until she gives birth even if she was unmarried. In another narration concerning the same woman it was explained that she was not stoned until she weaned her child.









1252. Jabir bin Abdullah narrated, 'The Messenger of Allah stoned a man from Aslam (356) to death, a Jewish man and a woman (357) Related by Muslim.

356.He is Ma'z whose story was related earlier.

357.The woman from Juhainah whose story was told in the previous hadith.








1253. The story of stoning the two Jews (358) is mentioned in Al-Bukhari and Muslim on the authority of Ibn 'Umar .

358. Two Jewish people (a man and a woman) were brought to the Prophet as they committed adultery and they were both married. The Messenger of Allah asked them about the legal penalty for such a crime in their Book (the Torah). They told him that their Rabbis have innovated a punishment of blackening the faces with charcoal. 'Abdullah bin Salam said, '0 Messenger of Allah! Tell them to bring tho Torah.' When they brought the Torah, one of them covered the verse of stoning to death with his hand and starting reading the preceding verse and what followed. Ibn Salam then said to the Jews. 'Lift up your hand.' The verse was there under his hand and thereupon the Messenger of Allah ordered that the two sinners be stoned to death.

1254. Sa'id bin Sa’d bin 'Ubadah   narrated, 'A small weak man was staying in our tribe, and he committed adultery with one of their slave-women. Sa’d mentioned this to the Messenger of Allah and thereupon he said, “Flog him according to) the prescribed penalty." The people then said, '0 Messenger of Allah! He is too weak to bear it.' The Messenger of Allah   then said, "Get a stalk of the raceme of a palm tree with a hundred twigs and strike him just once.(359)  So, they did. Related by Ahmad, An-Nasa'i and Ibn Majah with a good chain of narrators.

359. People were afraid  that he may die if he receives the full I00 lashes, so the Prophet  out of mercy for him, ordered them to get this stalk but still with 100 twigs (to fulfill the number of lashes), to flog him with.






1255. Ibn 'Abbas  narrated that the Messenger of Allah   said, "Whoever you find doing as the people of Lot did (i.e, homosexuality), kill the one who does it and the one to whom it is done, and if you find anyone having sexual intercourse with an animal, kill him and kill the animal.' (360) Related by Ahmad and the four Imams with a trustworthy chain of narrators.

360.  As for killing the animal some scholars say that the Fitrah (nature) of this animal has been spoiled, as it is not created for this. Others say that it is disliked to eat it or use it after such a disgraceful action.






1256. Ibn 'Umar  narrated, 'The Messenger of Allah  applied the punishment of flogging and also that of exile. Abu Bakr  applied the punishments of flogging and exile and also"Umar applied them." Related by At-Tirmidhi with a trustworthy chain of narrators, but scholars differed over its being traced back to the Prophet   or only to the companion.






1257. Ibn 'Abbas    narrated, 'The Messenger of Allah  cursed men who are hermaphrodites and women who take the similitude of men, and said, "Get them out of your homes." Related byAl-Bukhari.






1258. Abu Hurairah  narrated that the Messenger of Allah   said, "Avert the infliction of the prescribed punishments as long as you find a way out (i.e, to avoid their infliction)." Related by Ibn Majah with a weak chain of narrators.





1259. At-Tirmidhi and Al-Hakim transmitted on the authority of 'A'ishah :radiyallahu anwith the wording, 'Allah's Messenger    said,"Avert the infliction of the prescribed punishment on Muslims as much as you can," It is also a weak Hadith.







1260. Al-Baihaqi transmitted on the authority of 'Ali  that he said, 'Avert the prescribed punishments by rejecting doubtful evidence.'





1261. Ibn 'Umar  narrated that the Messenger of Allah   said, "Avoid these filthy practices which Allah, the Almighty has prohibited. He who commits any of these, should conceal with Allah's Most High Veil (i.e. should not speak  about it), and should turn to Allah, the Most High in repentance, for if anyone uncovers his hidden sins (to us), we shall inflict on him the punishment prescribed by Allah, the Almighty." Related by Al-Hakim and in Al-Muwatta' but traced to its narrator Zaid bin Aslam as Hadith Mursal.