Punishment for adultery in Islam

9-12-2004 | IslamWeb

Question:

Regarding the Hudood punishment of stoning a married person guilty of adultery, in Saheeh Muslim we found some instances of this punishment. Is it Islamic?
Answer:

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad sallallaahu `alayhi wa sallam ( may Allaah exalt his mention ) is His slave and Messenger.

Stoning a married person (adulterer/adulteress) to death is not only permissible in Islam; rather, it is an obligation that is agreed upon in a consensus by all the scholars, and nobody disagreed with this except the Al-Khawaarij; but their disagreement is of no value.

Ibn Qudaamah may Allaah have mercy upon him wrote in his book entitled Al-Mughni: Discussing this matter is of three cases:

The first is the obligation of stoning a married adulterer or adulteress: This is the view of all the scholars from among the Companions may Allaah be pleased with them and the Taabi'is, and those who came after them from everywhere and every time, and we do not know anyone who disagreed with this with the exception of the Al-Khawaarij (a deviated Muslim group) who said: "Both the virgin and the woman who is deflowered [a married woman] are (only) to be whipped.”

He (Ibn Qudaamah) further said clarifying the evidence of stoning (to death): "There is evidence that the Prophet sallallaahu `alayhi wa sallam ( may Allaah exalt his mention ) confirmed the stoning in words and action (practice), in reports that are similar to Tawaatur (meaning the transmission of a narration or religious text by a group of narrators from a group of narrators, generation after generation and so forth, and they are all trustworthy people and it is absolutely impossible for them to agree on a lie) and the Companions may Allaah be pleased with them agreed upon it in a consensus. Allaah has revealed (this punishment) in His Book (Quran) but the writing of the verse was abrogated but its ruling is still effective. 'Umar Ibn Al-Khataab may Allaah be pleased with him said: "Allaah has sent down the Prophet Muhammad sallallaahu `alayhi wa sallam ( may Allaah exalt his mention ) with the truth and He revealed the Quran to him and among what was revealed to him was the verse of stoning which I read, understood and fully grasped’.

The Prophet sallallaahu `alayhi wa sallam ( may Allaah exalt his mention ) (himself) stoned to death and we did the same after him. I am afraid that in the long run, somebody will say: "We do not find the stoning (punishment) in the Quran, so they will go astray by abandoning an obligation which Allaah has revealed (in the Quran). The stoning is a right judgment for the married adulterer and adulteress if the case is proved (against them), or if the woman becomes pregnant, or if they confess." The abrogated verse was recited by the Prophet sallallaahu `alayhi wa sallam ( may Allaah exalt his mention ): [If an aged man and/or woman commit adultery, by all means, you have to stone them, as an exemplary punishment from Allaah; and Allaah is Mighty and Wise]. [Al-Bukhari and Muslim]

The stoning judgment, its confirmation, and answers to those who denied it are detailed in the books of the Muslim scholars, and in the books of Tafseer when interpreting the second verse of Chapter 24 (An-Noor); and also in the books of Hadeeth in Chapters of: Penalty, Laws, Adherence to the Quran and the Sunnah, Marriage and in the books of Fiqh in the Chapter on the punishment of Zina (fornication and/or adultery) and in some books on belief when refuting the wrong beliefs of Al-Khawaarij.

Allaah knows best.

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