اَلزَّانِیَۃُ وَ الزَّانِیۡ فَاجۡلِدُوۡا کُلَّ وَاحِدٍ مِّنۡہُمَا مِائَۃَ جَلۡدَۃٍ ۪ وَّ لَا تَاۡخُذۡکُمۡ بِہِمَا رَاۡفَۃٌ فِیۡ دِیۡنِ اللّٰہِ اِنۡ کُنۡتُمۡ تُؤۡمِنُوۡنَ بِاللّٰہِ وَ الۡیَوۡمِ الۡاٰخِرِ ۚ وَ لۡیَشۡہَدۡ عَذَابَہُمَا طَآئِفَۃٌ مِّنَ الۡمُؤۡمِنِیۡنَ ﴿۲﴾
Translation: Whether the adulterer is a woman or a man, lash each of them with one hundred lashes, and if you believe in Allah and the Last Day, let not compassion for them prevent you from carrying out Allah’s religion. And let a group of the believers witness their punishment.
Tafseer by Maulana Abdul Rahman Kilani, may Allah have mercy on him:
The first ruling regarding the punishment for adultery was revealed in Surah An-Nur, verses 15 and 16. Their translation is as follows: “Bring four witnesses from among you against those women who commit immorality; then if they testify, confine those women to houses until death takes them or Allah ordains for them another way. And as for the two men among you who commit the same offense, punish them both.”
From these verses, the following conclusions emerge:
1. The initial punishment for both men and women was to inflict harm, which included cursing, reproach, and flogging. However, for women, there was an additional punishment of confinement in the house until death.
2. This punishment was temporary and subject to further orders.
3. This punishment was related to society, not the government. In the 6th year of Hijra, the incident of Ifk occurred, resulting in the establishment of this punishment at the end of the 6th year of Hijra in Surah An-Nur, as mentioned in this verse. The punishment for adultery mentioned in this verse applies only to unmarried adulterers, whether male or female, as evidenced by the next verse: “The adulterer shall not marry except an adulteress or a polytheist woman, and the adulteress shall not marry except an adulterer or a polytheist man; and it is forbidden for the believers.”
Now observe that in this verse:
(1) The prohibition of marriage with adulterers mentioned implies that they are unmarried men and women.
(2) Why is the punishment of lashes only for unmarried men and women? The right to marry an adulterous man is only given to an adulterous woman. If that woman is already married, then after adultery, her rightful partner can only be an adulterer, not her first husband who is innocent. Thus, this punishment or confinement benefits the adulterer but causes ruin for the chaste husband, which is against the divine intent.
(3) Our claim is also supported by Surah An-Nisa, verse 25, which states: “And those of you who cannot marry free believing women, marry your believing slave girls; and if they commit immorality after marriage, their punishment is half that of free women.” This verse introduces the term “Muhsanat” for the first time, which can only mean “free unmarried women” who are directed to be married. The second time the term “Muhsanat” appears in this verse, it must also mean “free married women.” The punishment for a free unmarried adulterous woman is one hundred lashes; therefore, the punishment for a married adulterous slave woman is half, i.e., fifty lashes.
Objection by the deniers of Rajm and its answer:
While this verse proves that the punishment mentioned in Surah An-Nur applies only to unmarried men and women, it also answers an objection by the deniers of Hadith. Their objection is that according to Hadith, the punishment for a married free woman committing adultery is Rajm (stoning), and for a married slave woman, it is half the punishment of a married free woman. Half of Rajm is impossible; therefore, the punishment of Rajm mentioned in Hadith cannot be correct. The correct view is that the punishment for men and women, whether unmarried or married, is one hundred lashes without distinction.
Before answering this objection, it is important to understand that the freedom of a slave is also a means of protection (Ihsan) from adultery, and marriage is another means. A free woman is already somewhat protected, and after marriage, she attains a second degree of protection. Therefore, linguistically, we can call only a free unmarried woman “Muhsan,” and a married woman, whether slave or free, is also “Muhsan.” The deniers of Hadith deceive people by translating “Muhsanat” as married free women, but in the verse
where the punishment for a slave woman is mentioned, “Muhsanat” cannot mean a free married woman, as previously explained.
The method of the deniers of Hadith is to first create doubts about a Hadith and then discard the entire Hadith corpus. It is clear that adultery by married men and women is a graver crime than by unmarried couples. There are several types of adultery:
– First, an unmarried boy and girl commit adultery. This type was considered shameful in previous civilizations but not a punishable crime by the government. Previous Shariah also prescribed relatively lighter punishments for such adultery.
– Second, an unmarried person commits adultery with a married person of the opposite sex; this is called adultery.
– Third, both parties are married.
These types have been considered crimes in previous civilizations and Shariahs, where the government could intervene, and any party could bring the case to court. The basis of such claims was the violation of rights, not the act of adultery itself. For example, if a man commits adultery with a married woman and the child born is raised by her husband, the husband becomes responsible for the child and its inheritance. Similarly, if a married man commits adultery and his wife does not tolerate it, she can complain in court. If both parties are married, more complex social and familial disputes arise.
The distinctive achievement of Islamic Shariah is that it considers only adultery itself as the real crime and prescribes the punishment mentioned in the Quran, which is the minimum punishment. It is clear that pure adultery can only occur between unmarried couples. Even if both parties consent, they will receive one hundred lashes.
Means to prevent adultery:
Islam first blocked the sources of immorality. Surah Al-Ahzab, revealed about a year before this Surah, commands Muslim women not to display their adornment except to close relatives and that their proper place is the home. Therefore, unlike the pre-Islamic era, they cannot display their beauty outside the home, and if necessary, they must cover themselves with a large cloak. Then, Surah An-Nur gave many more commands to prevent immorality. It also ordered that unmarried people, whether men or women, slaves or maidservants, widows or divorced women, or men whose wives have died, should be married off.
All possible facilities were provided for marriage. Those who could not afford dowry or maintenance were instructed to remain chaste and fast.
Adultery by married men and women is the gravest crime:
It is clear that after these commands and restrictions, the greatest risk of adultery was among young and unmarried people because they had no lawful means to satisfy their desires. Therefore, the Quran considers adultery by such people as the main crime. Others who commit adultery despite having a lawful means deserve harsher punishment. Why is mercy part of our Shariah? Allah left the punishment for such people as it was in the Mosaic Shariah. As explained earlier regarding Surah Al-An’am, verse 90, previous Shariah rulings not contradicted by the Book and Sunnah remain part of the Shariah. Examples include Rajm and Qisas (retaliation) for body parts. Allah mentioned in Surah Al-Ma’idah, verse 45, that “We prescribed for them therein a life for a life, an eye for an eye, a nose for a nose, an ear for an ear, a tooth for a tooth, and for wounds is legal retribution.” This was given to the Children of Israel. Muslims were not given separate rulings for Qisas of body parts, yet these rulings are part of our Shariah, and the Prophet ﷺ ruled accordingly.
Rajm of a married Jewish couple:
A case of adultery involving a married Jewish man and woman was brought to you. The Jews brought this case hoping that the punishment in Islamic Shariah would be lighter than the Mosaic Shariah’s Rajm. They told the plaintiff that if the judgment was Rajm, they would not accept it, but if it was otherwise, they would accept it. As mentioned in Surah Al-Ma’idah, verse 41, you obtained the Torah, which contained the Rajm ruling. You summoned their great scholar Ibn Surayya, who admitted that the punishment for adultery by married men and women is Rajm. You then ordered their stoning and said: “O Allah! I have revived one of Your commands which these people had abandoned.” For more details, see:
Imam Bukhari’s Ijtihad:
Imam Bukhari included this incident in Kitab al-Muharibin rather than Kitab al-Hudud because, in his view, adultery by a married couple is not mere adultery but a graver crime—waging war against Allah and His Messenger ﷺ. One of the punishments mentioned in the Quran for waging war is “qatl” (killing after severe torture), which includes Rajm.
Reasons for denying the punishment of Rajm:
The first deniers of Rajm were the early Mu’tazilites, followed by some Kharijites. Their denial was due to sectarian bias against Hadith. Today, another reason is added: Westerners consider such punishments barbaric. Influenced by Western ideas, some minds seek to escape and deny these punishments. It is well-known that the only reasons for denying Hadith or interpreting Quranic verses are either following one’s desires or being influenced by contemporary ideologies. These reasons have caused denial and interpretation of Hadith and Quran in all eras, including today.
The verse of Rajm and Caliph Umar’s sermon:
Hadith mention a verse about Rajm that was later abrogated. In the last days of his caliphate, Caliph Umar delivered a sermon in the Prophet’s Mosque before a large gathering of Muslims. Almost all hadith scholars have recorded this sermon. Notable words from the sermon include: “In this Book of Allah, there was a verse about Rajm which we read, memorized, and acted upon. Rajm was carried out during the time of the Prophet ﷺ and after him. I fear that after some time, people will say that we do not find the ruling of Rajm in the Book of Allah. May it not happen that they abandon this duty of Allah which He revealed in His Book. The ruling of Rajm in the Book of Allah is true. Whoever commits adultery and is married, whether man or woman, and there is no legal proof or pregnancy, then…”
Three reasons for the abrogation of the recitation of the verse but retention of its ruling:
The objection to this Hadith is: If this verse was in the Quran, where did it go? The answer is that it was abrogated. The discussion of abrogation is detailed and is addressed under Surah Al-Baqarah, verse 106. Briefly, when Allah says: ﴿سَنُقْرِئُكَ فَلاَ تَنْسيٰ الآَ مَاشَاء اللّٰهُ﴾
meaning “We will teach you that which you did not know,” but only what Allah wills, why then object? Another objection is: If this verse is abrogated in recitation, how does its ruling remain?
The answer is that the ruling remains due to three reasons:
1. This ruling from the Torah was retained in the Shariah of Muhammad ﷺ, as explained earlier.
2. There are mutawatir (widely transmitted) Hadiths stating that killing except in three cases is forbidden. Stoning a married adulterer is one of these cases, as is killing an apostate and Qisas. Killing is the government’s responsibility, not the public’s.
3. The events where you ordered Rajm also serve as evidence for retaining this ruling.
It is also important to clarify that once a Hadith or Sunnah is proven authentic, it is obligatory to follow it just as Quranic rulings are obligatory. Deviating from this principle would mean not implementing Quranic rulings.
Some people, influenced by the deniers of Hadith, think that the Prophet ﷺ may have given the punishment of Rajm before the revelation of Surah An-Nur. This is incorrect because Surah An-Nur was revealed in 65 AH, and there are incidents with internal evidence of Rajm occurring afterward, such as:
1. The stoning of the woman from the Ghamid tribe by Khalid ibn Walid. Blood splattered on Khalid’s face, and the Prophet ﷺ reprimanded him. Khalid embraced Islam between the Treaty of Hudaybiyyah and the Conquest of Mecca (8 AH). Surah Al-Fath (111th in order of revelation) was revealed after Surah An-Nur (102nd), so this incident occurred much later.
2. The case of the laborer Asif, where Abu Hurairah was present and narrated the Hadith. The laborer’s owner was stoned. Abu Hurairah embraced Islam during the Battle of Khaybar (7 AH), after Surah An-Nur was revealed.
3. The stoning of the Jewish couple was witnessed by Abdullah ibn Abi al-Harith, who embraced Islam after the Conquest of Mecca.
Moreover, when Caliph Umar delivered his sermon in the Prophet’s Mosque, no one objected, and since then, this issue has been unanimously accepted except by deniers of Hadith.
Today, influenced by Western ideas of “barbaric punishments,” deniers of Hadith vigorously promote this issue in their monthly magazine “Tulu-e-Islam,” while simultaneously elevating Quranic punishments to the highest level and readily accepting any leniency from weak Hadith or historical sources.
After these clarifications about Rajm, we now present complete translations and references of some Hadiths related to Hudood (limits), their establishment, conditions, and guidance:
1. The incident of Ma’iz ibn Malik Aslami’s Rajm is mentioned in several chapters of Bukhari. A summary is as follows: Abu Hurairah said a man (Ma’iz ibn Malik Aslami) came to the Prophet ﷺ in the mosque and confessed adultery four times. The Prophet ﷺ initially turned away but after the fourth confession asked if he was sane and married, and if he had consummated the marriage. Upon confirmation, the Prophet ﷺ ordered his stoning. When stones were thrown, Ma’iz fled but was caught and stoned to death. Later, the Prophet ﷺ said, “You should have left him when he fled.”
2. Hadiths related to conditions, instructions, and rulings of Hudood:
Abdullah ibn Umar said the Prophet ﷺ was presented with a Jewish man and woman who had committed adultery. The Jews said their scholars prescribed blackening the face and riding the offender facing backward. Abdullah ibn Salam asked for the Torah, which contained the verse of Rajm. The Prophet ﷺ ordered their stoning.
3. Abu Hurairah and Zaid ibn Khalid said that once a man came to the Prophet ﷺ and asked for judgment according to the Book of Allah regarding adultery. The other party also requested the same. The man said his son had committed adultery with his servant’s wife, and he had paid compensation. Scholars said the son should receive 100 lashes and one year exile, and the woman should be stoned. The Prophet ﷺ ruled accordingly. The woman confessed and was stoned.
4. Baridah said a woman from the Ghamid tribe confessed adultery and asked for purification. The Prophet ﷺ initially turned her away. The next day, she came again, saying she was pregnant. The Prophet ﷺ delayed the punishment until after childbirth and weaning. Then she was stoned. Khalid ibn Walid threw the first stone, splattering blood on his face. The Prophet ﷺ rebuked Khalid, praising the woman’s sincere repentance.
5. Ubada ibn Samit said the Prophet ﷺ said: “Learn from me. Allah has provided a way for adulterous women. If an unmarried man and woman commit adultery, the punishment is 100 lashes and one year exile. If a married man and woman commit adultery, the punishment is 100 lashes and stoning.”
6. A Makhzumi woman (Fatimah bint Aswad) stole, causing concern among the Quraysh about cutting her hand. Usama ibn Zaid, the Prophet’s beloved, interceded. The Prophet ﷺ said: “Do you intercede in Allah’s prescribed punishments?” He then gave a sermon emphasizing justice and said: “If Fatimah bint Muhammad stole, I would cut her hand.”
7. Ibn Abbas said the Prophet ﷺ pardoned Awamir Ajlani and his wife. When asked if this was the woman the Prophet ﷺ said he would stone without evidence, Ibn Abbas said no, it was another woman whose adultery became public during Islam.
8. Ali said the Prophet ﷺ said three people are exempt from Hudood: a sleeping person until awake, a child until mature, and a mad person until sane.
9. Doubt benefits the accused:
Aisha said the Prophet ﷺ said: “Avoid Hudood among Muslims as much as possible. If there is any way to release the offender, do so. It is better for a ruler to err in pardoning than in punishing.”
10. Abu Hurairah said the Prophet ﷺ said: “Whoever relieves a Muslim of a hardship, Allah will relieve him of one hardship on the Day of Judgment. Whoever conceals a Muslim’s fault, Allah will conceal his fault in this world and the Hereafter. Allah helps a person as long as he helps his brother.”
11. Ibn Umar said the Prophet ﷺ, Abu Bakr, and Umar all administered lashes and exile.
12. No punishment for forced adultery:
Alqamah ibn Wa’il Kindi narrated that during the Prophet’s time, a woman was forced into adultery. She cried out, and the man fled. Another man was mistakenly accused and stoned. The real culprit confessed, and the Prophet ﷺ ordered his stoning and praised his sincere repentance.
13. Abu Burdah ibn Niyar said the Prophet ﷺ said: “Do not administer more than ten lashes for any punishment within Allah’s limits.”
14. Legitimacy of imprisonment:
Bahzad ibn Hakim narrated from his father and grandfather that the Prophet ﷺ imprisoned some people on an accusation.
15. Nu’man ibn Bashir said the tribe of Kal’a complained about thieves. Nu’man imprisoned them for some days and then released them. The tribe complained that he neither tested nor punished them. Nu’man said: “Do you want me to beat them? If your goods are found with them, fine; otherwise, I will beat you.” They asked if this was his ruling, and he said it was Allah’s and His Messenger’s ruling.
16. Recovery of stolen goods is not proof of theft:
Abu Umayyah Makhzumi said a thief confessed but had no stolen goods. The Prophet ﷺ said he did not think he stole. The man insisted. The Prophet ﷺ ordered his hand to be cut off. Afterward, the man prayed for forgiveness, and the Prophet ﷺ accepted his repentance.
17. Safwan ibn Umayyah narrated that after circumambulating the Kaaba and praying, he fell asleep. A thief stole his cloak. He caught the thief and brought him to the Prophet ﷺ, who ordered the thief’s hand to be cut off. Safwan said he did not intend such a harsh punishment for a cloak. The Prophet ﷺ said: “This should have been done earlier.”
18. Blessings of establishing Hudood:
Abu Hurairah said the Prophet ﷺ said: “The establishment of Islamic law in a land is better for its people than thirty (or forty) days of rain.”
19. Anas ibn Malik said a man came to the Prophet ﷺ confessing a Hudood sin and asked for punishment. The Prophet ﷺ did not question him and prayed with him. After prayer, the man asked again for punishment according to the Book of Allah. The Prophet ﷺ said: “Did you not pray with us? Your sin or punishment has been forgiven.”
Summary of Hadiths related to Hudood and their establishment:
1. Unmarried men and women receive 100 lashes and one year exile.
Exile means sending away to a distance that can be considered travel, not necessarily banishment from the country. The purpose is to prevent future contact between the adulterous couple. Some scholars consider imprisonment sufficient, and if no danger exists, the judge may suspend exile. However, the 100 lashes remain as a fixed limit by Allah.
2. The whip should neither be too harsh to tear the skin nor too soft to be ineffective. It should be neither brand new and hard nor too old and soft.
3. The executioner should not lash with excessive force as if taking personal revenge, nor too lightly. The lashes should be distributed over different body parts, avoiding the face and private parts.
4. The punishment for men is given standing; for women, a pit is dug up to the chest, and they are made to enter it. Men’s bodies may be uncovered; women’s bodies must be covered, but no thick clothing that nullifies the punishment’s effect.
5. Leniency in punishment due to necessity: If the offender is weak, lashes can be given in installments. If very weak, a bundle of sticks can be used. Punishment is delayed for pregnant, postpartum, or nursing women.
6. Conditions for 100 lashes: the offender must be free, sane, adult, not insane or mentally incapacitated.
7. Additional conditions for Rajm: the offender must be married and have consummated the marriage.
Some scholars also require the offender to be Muslim; the punishment does not apply to Dhimmis. The Jewish couple was stoned because their scripture prescribed it, and they confessed.
8. Although Hadith 5 prescribes 100 lashes and Rajm for married adulterers, during the Prophet’s and the Rightly Guided Caliphs’ era, only Rajm was applied, as shown in Hadiths 1 to 4. Ali applied both punishments during his caliphate.
9. Men are stoned standing; women are placed in a pit up to the chest.
10. If a person commits a shameful Hudood sin, he should repent to Allah rather than confess in court.
11. If someone witnesses another committing a sin, he should conceal it and not report it to the court or others, provided it concerns rights of Allah, not rights of people.
12. If the offender confesses in court, the judge may advise him to repent and not punish him.
Similarly, if the confession is ambiguous, the judge may advise the same.
13. During Umar’s era, the punishment for Qadhf (false accusation) was established: four trustworthy adult Muslim male witnesses are required to prove adultery. Two women’s testimony is not accepted for this. Women’s testimony is accepted only in financial matters. The testimony must be clear and explicit; any doubt benefits the accused.
Witnesses may face Qadhf punishment if their testimony is false. An incident occurred where Abu Bakrah accused Mughirah ibn Shu’bah of adultery with three witnesses; one witness’s ambiguous testimony saved Mughirah, and Abu Bakrah and two companions were punished for Qadhf by Umar. Some scholars disagree, arguing the witnesses were not Qadhf claimants but adultery witnesses, and the punishment was due to special circumstances.
14. The accused benefits from doubt.
15. The second reliable proof of crime is the accused’s confession. Four confessions are better, but one is sufficient.
16. The third proof is pregnancy in an unmarried or divorced woman, which is considered valid evidence for punishment.
Also, Umar’s sermon mentioned earlier.
17. The judge may release the accused if any doubt arises even after confession, as it is better to err in pardoning than punishing.
18. Adultery is not subject to settlement or compensation.
19. However, Hudood crimes related to financial matters can be settled before court, e.g., a thief can be forgiven and the stolen goods returned. Any conditions accepted by the rightful owner can be settled.
20. Confession in financial cases may lead to imprisonment but not corporal punishment.
21. Interceding for the accused after the case reaches court is a major sin.
22. After proof of crime, the judge cannot reduce or increase the Hudood punishment.
23. The judge cannot decide based on personal knowledge; decisions must be based on evidence.
24. After Hudood is applied, the offender is considered purified and should not be insulted; his funeral prayer is performed, and he is buried in Muslim cemeteries.
25. The judge does not investigate the other party if one party confesses adultery. If the confessor reveals the other party, and the other also confesses, both are punished. If the other denies, he is spared. Some scholars say the informer may be punished for Qadhf, depending on the judge’s discretion.
26. Establishing Hudood brings countless blessings to society.
27. If the person sentenced to Rajm retracts confession or flees, no further punishment is given.
28. No punishment is applied to a woman forced into adultery.
29. Judges cannot impose corporal punishment exceeding ten lashes for crimes other than Hudood.
Extreme leniency in proving crime:
From the above rulings and guidance, it is clear that Islamic law does not seek to punish every offender but tries to save the offender from punishment. First, the offender is advised to keep the sin secret and repent to Allah. Society members are instructed to conceal others’ faults and not report them. Judges are advised to counsel offenders and encourage repentance. The evidence required is so strict that few crimes are proven. If any doubt arises, the offender is released. The judge also assesses if the offender deserves punishment.
Reason for public corporal punishment after proof:
After all these stages and proof, the punishment is severe and corporal. Leniency is observed in applying the limit, but no mercy is shown to the offender because pity for the offender equates to oppression of society. Allah says: “O you who have intellect! There is life for you in Qisas (retaliation).”
In other words, killing one person in retaliation grants the whole society the right to live in peace. Allah calls Islamic law of Hudood, Qisas, and Ta’zir “the religion of Allah” because it is an essential element of establishing religion. Religion is not limited to worship but includes all Shariah rulings.
That is why corporal punishments are carried out publicly to maximize shame for the offender and serve as a deterrent for others.
Character of those who accuse punishments of being barbaric:
It is necessary to look at those who label Islamic punishments as barbaric and propagate this claim. They only pity offenders who support or are members of the government because the government cannot function without their cooperation. Such offenders oppress people through looting, violence, and chaos. Opponents of the government are placed in separate torture cells and subjected to horrific punishments unknown to others. Police sometimes kill suspects by beating them in custody. This is similar to how modern “civilized” people consider polygamy a crime but maintain numerous concubines and mistresses, mocking Islam, which permits up to four wives lawfully.
كنا عند النبيﷺ
﴿اَسْتَغْفِرُ اللّٰهَ وَاَتُوْبُ اِلَيْهِ﴾
