سُوْرَةُ النُّوْرِ
Surah An-Noor (24) — Ayah 2
ٱلزَّانِيَةُ وَٱلزَّانِى فَٱجْلِدُوا۟ كُلَّ وَٰحِدٍ مِّنْهُمَا مِا۟ئَةَ جَلْدَةٍ ۖ وَلَا تَأْخُذْكُم بِهِمَا رَأْفَةٌ فِى دِينِ ٱللَّهِ إِن كُنتُمْ تُؤْمِنُونَ بِٱللَّهِ وَٱلْيَوْمِ ٱلْـَٔاخِرِ ۖ وَلْيَشْهَدْ عَذَابَهُمَا طَآئِفَةٌ مِّنَ ٱلْمُؤْمِنِينَ ﴿2﴾
Translation by Dr. Muhammad Muhsin Khan & Dr. Taqi-ud-Din al-Hilali
The fornicatress and the fornicator, flog each of them with a hundred stripes. Let not pity withhold you in their case, in a punishment prescribed by Allâh, if you believe in Allâh and the Last Day. And let a party of the believers witness their punishment. (This punishment is for unmarried persons guilty of the above crime, but if married persons commit it (illegal sex), the punishment is to stone them to death, according to Allâh’s Law).
Word by Word — Arabic, Transliteration & Meaning
ٱلزَّانِيَةُ
al-zāniyatu
The fornicatress
وَٱلزَّانِى
wal-zānī
and the fornicator
فَٱجْلِدُوا۟
fa-ij'lidū
[then] flog
كُلَّ
kulla
each
وَٰحِدٍۢ
wāḥidin
one
مِّنْهُمَا
min'humā
of them
مِا۟ئَةَ
mi-ata
(with) hundred
جَلْدَةٍۢ ۖ
jaldatin
lash(es)
وَلَا
walā
And (let) not
تَأْخُذْكُم
takhudh'kum
withhold you
بِهِمَا
bihimā
pity for them
رَأْفَةٌۭ
rafatun
pity for them
فِى
fī
concerning
دِينِ
dīni
(the) religion of Allah
ٱللَّهِ
l-lahi
(the) religion of Allah
إِن
in
if
كُنتُمْ
kuntum
you
تُؤْمِنُونَ
tu'minūna
believe
بِٱللَّهِ
bil-lahi
in Allah
وَٱلْيَوْمِ
wal-yawmi
and the Day
ٱلْـَٔاخِرِ ۖ
l-ākhiri
the Last
وَلْيَشْهَدْ
walyashhad
And let witness
عَذَابَهُمَا
ʿadhābahumā
their punishment
طَآئِفَةٌۭ
ṭāifatun
a group
مِّنَ
mina
of
ٱلْمُؤْمِنِينَ
l-mu'minīna
the believers
Tafsir al-Quran al-Karim — Hafiz Abdus Salam Bin Muhammad Bhutvi
Tafsir al-Quran al-Karim is a 4-volume Quran commentary by Hafiz Abdus Salam bin Muhammad Bhutvi, a renowned Salafi (Ahl al-Hadith) scholar and Sheikh ul-Hadith from Pakistan. Based on over 45 years of teaching and research, this tafsir follows the methodology of Tafsir bil-Ma'thur — interpreting the Quran through authentic Hadith, statements of the Companions, and the understanding of the early generations (Salaf). It is distinguished by its complete avoidance of Israeliyyat (Judeo-Christian narratives) and unverified reports. The tafsir is originally written in Urdu, translated to English by tohed.com.
(Ayah 2) ➊ {اَلزَّانِيَةُ وَ الزَّانِيْ فَاجْلِدُوْا … : } In Surah An-Nisa, verses (15, 16), Allah Almighty commanded that after the testimony of four men regarding women who commit adultery, they should be confined to their houses until death takes them or Allah creates a way for them. Similarly, for the man and woman who commit adultery, it was commanded to punish them until they repent. Here, in the verse under exegesis from Surah An-Nur, Allah Almighty has stated the punishment for an unmarried man and an unmarried woman. As narrated from Ubadah ibn Samit (may Allah be pleased with him) that the Messenger of Allah (peace and blessings be upon him) said: [ خُذُوْا عَنِّيْ، خُذُوْا عَنِّيْ، قَدْ جَعَلَ اللّٰهُ لَهُنَّ سَبِيْلاً، الْبِكْرُ بِالْبِكْرِ جَلْدُ مِائَةٍ وَ نَفْيُ سَنَةٍ وَالثَّيِّبُ بِالثَّيِّبِ جَلْدُ مِائَةٍ وَالرَّجْمُ ] [ مسلم، الحدود، باب حد الزنٰی : ۱۶۹۰ ] "Take (the rulings of the religion) from me, take (the rulings of the religion) from me, Allah has created a way for those women. If an unmarried man commits adultery with an unmarried woman, then for both of them there are one hundred lashes and one year of exile, and if a married man commits adultery with a married woman, then for both of them there are one hundred lashes and stoning." By consensus, this verse abrogated the ruling of the verse in Surah An-Nisa.
➋ { اَلزَّانِيَةُ وَ الزَّانِيْ:} is the subject, its predicate is {’’ فَاجْلِدُوْا ‘‘}. The "fa" is used here because the subject contains the meaning of a condition, as the definite article "al" is in the meaning of {’’ أَلَّذِيْ ‘‘}, i.e., whoever is the woman who commits adultery and whoever is the man who commits adultery. In this verse, Muslim rulers are commanded that whichever woman or man commits adultery, regardless of their religion or community, if their case is brought before you, and they are not married, then each of them should be given one hundred lashes. For a married adulterer and adulteress, the ruling is stoning, as mentioned in the previous benefit in the hadith, and further details will come ahead.
➌ If a non-Muslim dhimmi commits adultery and the case is brought before Muslim rulers, then their judgment will also be according to the Book and Sunnah, as mentioned in Surah Al-Ma'idah (48, 49). Abdullah ibn Umar (may Allah be pleased with them) narrates that the Jews came to the Messenger of Allah (peace and blessings be upon him) and mentioned to him that a man and a woman among them had committed adultery. The Messenger of Allah (peace and blessings be upon him) said: [ مَا تَجِدُوْنَ فِي التَّوْرَاةِ فِيْ شَأْنِ الرَّجْمِ ؟ ] "What do you find regarding stoning in the Torah?" They said: "We disgrace them and they are flogged." Abdullah ibn Salam (may Allah be pleased with him) said: "You have lied, stoning is indeed present in the Torah." So they brought the Torah and opened it, and one of them placed his hand over the verse of stoning and read what was before and after it. Abdullah ibn Salam (may Allah be pleased with him) said to him: "Lift your hand." He lifted his hand, and there was the verse of stoning. They said: "O Muhammad! He has spoken the truth, the verse of stoning is present in it." So the Messenger of Allah (peace and blessings be upon him) ordered regarding both of them, and they were stoned. [ بخاري، الحدود، باب أحکام أہل الذمۃ و إحصانہم إذا زنوا و رفعوا إلی الإمام : ۶۸۴۱ ]
The chapter heading established by Imam Bukhari (may Allah have mercy on him) also proves that if the people of dhimmah bring a case to the Muslims, then the punishment for adultery is the same for them as it is for Muslims, as the Messenger of Allah (peace and blessings be upon him) enforced the ruling of stoning upon the Jews as well. For details, see Fath al-Bari. None of the narrations that stipulate Islam as a condition for the enforcement of this hadd are authentically established from the Messenger of Allah (peace and blessings be upon him). The reality is that in a Muslim society, dhimmi non-Muslims are certainly free to practice their religion, but they cannot be allowed to spread immorality and indecency.
➍ The wisdom in bringing { ’’ اَلزَّانِيَةُ ‘‘} before {’’ الزَّانِيْ ‘‘} seems to be that generally, the incitement to adultery comes from women; if there is no gesture, smile, immodesty, or charm in speech from their side, men rarely dare to take action. Usamah ibn Zayd (may Allah be pleased with them) said that the Prophet (peace and blessings be upon him) said: [ مَا تَرَكْتُ بَعْدِيْ فِتْنَةً أَضَرَّ عَلَی الرِّجَالِ مِنَ النِّسَاءِ] [ بخاري، النکاح، باب ما یتقي من شؤم المرأۃ : ۵۰۹۶ ] "I have not left any trial more harmful to men after me than women." Besides this, the disgrace and shame of adultery is greater for women, because they face issues of virginity and pregnancy. {’’ فَاجْلِدُوْا كُلَّ وَاحِدٍ مِّنْهُمَا ‘‘} Therefore, it is stated that whether the incitement to adultery comes from the woman or the man, the punishment will be the same for both.
➎ The meaning of { فَاجْلِدُوْا : ’’ جِلْدٌ ‘‘} is skin. From this word, the jurists have derived two rulings: first, that the whip used for flogging should be made of leather, and it should be moderate—not too hard nor too soft. Second, that the effect of the strike should remain on the skin, not such a blow that the flesh is torn; and these lashes should be given on different parts of the body, avoiding the face and sensitive areas, not repeatedly on the same spot, and not with full force by raising the hand high, but with a moderate strike without raising the hand above the shoulder. Zamakhshari said: The meaning of {’’ اَلْجِلْدُ ‘‘} is a strike on the skin, so {’’جَلَدَهُ ‘‘} (he struck his skin) is like {’’ظَهَرَهُ‘‘} (he struck his back), {’’ بَطَنَهُ ‘‘} (he struck his belly), and {’’رَأَسَهُ‘‘} (he struck his head). Nowadays, governments have executioners trained to flog in such a way that the lashes fall on the same spot, then the convict is tied to a post and whipped on the buttocks so that the executioner runs from a distance and strikes with full force; after a few lashes on the same spot, the flesh starts to fly off, sometimes even the bones are exposed, and the person becomes crippled for life. In Islam, such a barbaric punishment of flogging is not prescribed for any crime; rather, if the perpetrator of adultery is an unmarried person who cannot bear one hundred lashes, there is even a concession for him. Sa'id ibn Sa'd ibn Ubadah (may Allah be pleased with them) narrates that there was a weak, disabled man in our neighborhood who was seen committing fornication with a servant. Sa'd ibn Ubadah (may Allah be pleased with him) presented his case before the Messenger of Allah (peace and blessings be upon him), who said: "Flog him one hundred times." The people said: "O Messenger of Allah! He is too weak, if we flog him one hundred times, he will die." The Prophet (peace and blessings be upon him) said: [فَخُذُوْا لَهُ عِثْكَالًا، فِيْهِ مِائَةُ شِمْرَاخٍ، فَاضْرِبُوْهُ ضَرْبَةً وَاحِدَةً ] [ ابن ماجہ، الحدود، باب الکبیر والمریض یجب علیہ الحد : ۲۵۷۴ ] "Then take a branch of date palm with one hundred twigs and strike him once with it."
➏ { وَ لَا تَاْخُذْكُمْ بِهِمَا رَاْفَةٌ …:} Because showing mercy to the immoral is oppression upon the entire Islamic society. The previous nations were destroyed due to leniency in the limits set by Allah. If the limits of Allah are not respected and enforced, the nation falls into internal strife and crime, and epidemics break out upon them. Ibn Umar (may Allah be pleased with them) narrates that we were with the Messenger of Allah (peace and blessings be upon him), and he said: [ يَا مَعْشَرَ الْمُهَاجِرِيْنَ! خَمْسٌ إِذَا ابْتُلِيْتُمْ بِهِنَّ، وَ أَعُوْذُ بِاللّٰهِ أَنْ تُدْرِكُوْهُنَّ : لَمْ تَظْهَرِ الْفَاحِشَةُ فِيْ قَوْمٍ قَطُّ، حَتّٰی يُعْلِنُوْا بِهَا، إِلَّا فَشَا فِيْهِمُ الطَّاعُوْنُ وَالْأَوْجَاعُ الَّتِيْ لَمْ تَكُنْ مَضَتْ فِيْ أَسْلَافِهِمُ الَّذِيْنَ مَضَوْا، وَلَمْ يَنْقُصُوا الْمِكْيَالَ وَالْمِيْزَانَ، إِلَّا أُخِذُوْا بِالسِّنِيْنَ وَ شِدَّةِ الْمَؤُوْنَةِ وَ جَوْرِ السُّلْطَانِ عَلَيْهِمْ، وَلَمْ يَمْنَعُوْا زَكَاةَ أَمْوَالِهِمْ، إِلَّا مُنِعُوا الْقَطْرَ مِنَ السَّمَاءِ، وَ لَوْ لَا الْبَهَائِمُ لَمْ يُمْطَرُوْا وَلَمْ يَنْقُضُوْا عَهْدَ اللّٰهِ وَ عَهْدَ رَسُوْلِهِ، إِلَّا سَلَّطَ اللّٰهُ عَلَيْهِمْ عَدُوًّا مِنْ غَيْرِهِمْ، فَأَخَذُوْا بَعْضَ مَا فِيْ أَيْدِيْهِمْ وَمَا لَمْ تَحْكُمْ أَئِمَّتُهُمْ بِكِتَابِ اللّٰهِ، وَ يَتَخَيَّرُوْا مِمَّا أَنْزَلَ اللّٰهُ، إِلَّا جَعَلَ اللّٰهُ بَأْسَهُمْ بَيْنَهُمْ ] [ ابن ماجہ، الفتن، باب العقوبات : ۴۰۱۹۔ مستدرک حاکم : 540/4، ح : ۸۶۲۳، و قال صحیح علی شرط مسلم۔ صحیح الترغیب و الترہیب : ۲۱۸۷ ] "O group of Muhajirin! There are five things, if you are afflicted with them (then their punishment will surely come), and I seek refuge with Allah that you encounter them: Whenever immorality (indecency and fornication) becomes widespread in a people and is committed openly, then plague and such diseases will spread among them that did not exist among their predecessors; and whenever a people cheat in weights and measures, they are seized with famine, hardship, and the oppression of their rulers; and whenever a people withhold zakat from their wealth, rain is withheld from them from the sky, and if it were not for the animals, rain would not fall at all; and whenever a people break their covenant with Allah and His Messenger, Allah will set enemies from among other nations upon them who will seize some of what is in their hands; and whenever their leaders do not judge according to the Book of Allah and do not choose what Allah has revealed, Allah will cause fighting among them." This is the result of suspending the limits of Allah, whereas enforcing the limits of Allah brings countless blessings. See Surah Al-Ma'idah (66) and Surah Al-A'raf (96).
➐ { وَ لَا تَاْخُذْكُمْ بِهِمَا رَاْفَةٌ فِيْ دِيْنِ اللّٰهِ :} This does not mean that while flogging them, you should not feel any compassion or mercy in your hearts; rather, the words {’’ فِيْ دِيْنِ اللّٰهِ ‘‘} indicate that the meaning is that no leniency or pity from your side should become an obstacle in enforcing the limit of Allah. As for feeling compassion or mercy in the heart while flogging or witnessing the scene, this is natural, and a person has no control over it, nor is there any sin in it. The sin is to refrain from enforcing the limit due to pity, or to recommend not enforcing the limit due to pity, or to flog so lightly that the purpose of the limit is lost. Qarah Mazni (may Allah be pleased with him) narrates that a man said: "O Messenger of Allah! I slaughter a goat and I feel compassion for it." The Prophet (peace and blessings be upon him) said: [ وَالشَّاةُ إِنْ رَحِمْتَهَا رَحِمَكَ اللّٰهُ، مَرَّتَيْنِ ] [ الأدب المفرد للبخاري : ۳۷۳۔ مسند أحمد : 436/3، ح : ۱۵۵۹۸ ] "And if you show mercy to the goat, Allah will show mercy to you." He said these words twice.
➑ The crime for which Allah has prescribed a limit can be forgiven mutually before being brought to the ruler; after the case is presented to the ruler, neither is recommendation allowed nor does the ruler have the authority to pardon the limit. Abdullah ibn Amr (may Allah be pleased with them) narrates that the Messenger of Allah (peace and blessings be upon him) said: [ تَعَافَوُا الْحُدُوْدَ فِيْمَا بَيْنَكُمْ فَمَا بَلَغَنِيْ مِنْ حَدٍّ فَقَدْ وَجَبَ ] [أبوداوٗد، الحدود، باب یعفی عن الحدود… : ۴۳۷۶۔ نسائي : ۴۸۹۰، قال الألباني صحیح ] "Forgive the limits among yourselves, for any limit that comes to me will become obligatory."
Aisha (may Allah be pleased with her) narrates that the Quraysh were concerned about the case of a woman from the Makhzum tribe who had stolen. They said: "Who will speak to the Messenger of Allah (peace and blessings be upon him) about her? And who but the beloved of the Messenger of Allah, Usamah ibn Zayd, would dare to do so?" So Usamah spoke to the Messenger of Allah (peace and blessings be upon him). He said: [ أَتَشْفَعُ فِيْ حَدٍّ مِنْ حُدُوْدِ اللّٰهِ؟ ثُمَّ قَامَ فَخَطَبَ، فَقَالَ : يَا أَيُّهَا النَّاسُ! إِنَّمَا ضَلَّ مَنْ كَانَ قَبْلَكُمْ أَنَّهُمْ كَانُوْا إِذَا سَرَقَ الشَّرِيْفُ تَرَكُوْهُ، وَ إِذَا سَرَقَ الضَّعِيْفُ فِيْهِمْ أَقَامُوْا عَلَيْهِ الْحَدَّ، وَايْمُ اللّٰهِ! لَوْ أَنَّ فَاطِمَةَ بِنْتَ مُحَمَّدٍ سَرَقَتْ لَقَطَعَ مُحَمَّدٌ يَدَهَا ] [ بخاري، الحدود، باب کراھیۃ الشفاعۃ في الحد إذا رفع إلی السلطان : ۶۷۸۸۔ مسلم : ۱۶۸۸ ] "Are you interceding regarding one of the limits of Allah?" Then he stood up and gave a sermon, saying: "O people! Those before you were destroyed because when a noble person stole, they let him go, and when a weak person stole, they enforced the limit upon him. By Allah! If Fatimah bint Muhammad (peace and blessings be upon him) were to steal, Muhammad would certainly cut off her hand."
➒ { وَ لْيَشْهَدْ عَذَابَهُمَا طَآىِٕفَةٌ مِّنَ الْمُؤْمِنِيْنَ:} There are two purposes for the limits of Allah: one is that the criminal receives the punishment for his crime, and the other is that it serves as a lesson for him and others so that they refrain from the crime, as He said: « وَ السَّارِقُ وَ السَّارِقَةُ فَاقْطَعُوْۤا اَيْدِيَهُمَا جَزَآءًۢ بِمَا كَسَبَا نَكَالًا مِّنَ اللّٰهِ وَ اللّٰهُ عَزِيْزٌ حَكِيْمٌ» [ المائدۃ : ۳۸ ] "And the male thief and the female thief, cut off their hands as a recompense for what they have earned, as a deterrent from Allah, and Allah is Mighty, Wise." The cut hand of the thief is sufficient as a deterrent; here, for the adulterer, it is commanded that a group of believers be present at the time of enforcing the limit, so that it serves as a lesson. The presence of a group of Muslims at the time of flogging is itself a punishment, because the pain of the lashes ends, but the feeling of disgrace does not go away quickly. Moreover, when the limit is enforced in public, there remains no possibility of suspending the limit or reducing or softening it.
➓ If a married man or married woman commits adultery, then their limit is stoning, which is established by the Qur'an, the mutawatir Sunnah, and the consensus of the Ummah. This ruling is established by the existing verses of the Qur'an and also by the verse of the Qur'an whose recitation is abrogated but whose ruling remains. Before mentioning the existing verse in the Qur'an, it is necessary to remember that the rulings revealed to previous prophets and their communities, which the Qur'an has mentioned and which have not been abrogated in the Qur'an and Sunnah, are obligatory upon our Prophet (peace and blessings be upon him) and his entire Ummah, as Allah Almighty mentioned the names of eighteen (18) prophets in Surah Al-An'am and mentioned their fathers, offspring, and brothers, then said: « اُولٰٓىِٕكَ الَّذِيْنَ هَدَى اللّٰهُ فَبِهُدٰىهُمُ اقْتَدِهْ » [الأنعام : ۹۰ ] "Those are the ones whom Allah has guided, so follow their guidance." The punishment of stoning is mentioned by Allah Almighty in Surah Al-Ma'idah with reference to the Torah: « وَ كَيْفَ يُحَكِّمُوْنَكَ وَ عِنْدَهُمُ التَّوْرٰىةُ فِيْهَا حُكْمُ اللّٰهِ» [ المائدۃ : ۴۳ ] "But how do they make you a judge while they have the Torah, in which is the judgment of Allah?" This ruling was stoning, as has been mentioned in the above benefits. Accordingly, the Noble Prophet (peace and blessings be upon him) judged in accordance with it and said: [ اَللّٰهُمَّ إِنِّيْ أَوَّلُ مَنْ أَحْيَا أَمْرَكَ إِذْ أَمَاتُوْهُ ] "O Allah! I am the first to revive Your command when they had made it dead." The detailed hadith is as follows: Bara' ibn Azib (may Allah be pleased with him) narrates that the Prophet (peace and blessings be upon him) passed by a Jew whose face had been blackened and who had been flogged. The Prophet (peace and blessings be upon him) called them and said: [ هٰكَذَا تَجِدُوْنَ حَدَّ الزَّانِيْ فِيْ كِتَابِكُمْ؟ قَالُوْا نَعَمْ، فَدَعَا رَجُلًا مِنْ عُلَمَائِهِمْ، فَقَالَ أَنْشُدُكَ بِاللّٰهِ الَّذِيْ أَنْزَلَ التَّوْرَاةَ عَلٰی مُوْسٰی! أَهٰكَذَا تَجِدُوْنَ حَدَّ الزَّانِيْ فِيْ كِتَابِكُمْ؟ قَالَ لَا، وَلَوْ لَا أَنَّكَ نَشَدْتَنِيْ بِهٰذَا لَمْ أُخْبِرْكَ، نَجِدُهُ الرَّجْمَ، وَلٰكِنَّهُ كَثُرَ فِيْ أَشْرَافِنَا، فَكُنَّا إِذَا أَخَذْنَا الشَّرِيْفَ تَرَكْنَاهُ، وَإِذَا أَخَذْنَا الضَّعِيْفَ، أَقَمْنَا عَلَيْهِ الْحَدَّ، قُلْنَا تَعَالَوْا فَلْنَجْتَمِعْ عَلٰی شَيْءٍ نُقِيْمُهُ عَلَی الشَّرِيْفِ وَالْوَضِيْعِ، فَجَعَلْنَا التَّحْمِيْمَ وَالْجَلْدَ مَكَانَ الرَّجْمِ، فَقَالَ رَسُوْلُ اللّٰهِ صَلَّی اللّٰهُ عَلَيْهِ وَ سَلَّمَ اَللّٰهُمَّ إِنِّيْ أَوَّلُ مَنْ أَحْيَا أَمْرَكَ إِذْ أَمَاتُوْهُ فَأَمَرَ بِهِ فَرُجِمَ] [مسلم، الحدود، باب رجم الیہود أہل الذمۃ في الزنٰی : ۱۷۰۰ ] "Do you find the limit for adultery in your book as such?" They said: "Yes!" So the Prophet (peace and blessings be upon him) called one of their scholars and said: "I adjure you by Allah who revealed the Torah to Moses, do you find the limit for adultery in your book as such?" He said: "No! And if you had not adjured me, I would not have told you. We find (the limit) as stoning, but this act (adultery) became common among our nobles, so when we caught a noble, we let him go, and when we caught a weak person, we enforced the limit upon him. So we said, let us agree on a punishment that we can enforce on both the high and the low, so we replaced stoning with blackening the face and flogging." The Messenger of Allah (peace and blessings be upon him) said: "O Allah! I am the first to revive Your command when they had made it dead." So he ordered regarding him and he was stoned." After this hadith, see Surah Al-Ma'idah, verses (41 to 50); it will become absolutely clear that stoning is the command of Allah.
To act upon this ruling of stoning in the Torah, declared as the command of Allah, is just as Allah Almighty mentioned the law of retribution for body parts with reference to the Torah. Nowhere else in the Qur'an is the law of retribution for body parts mentioned, yet the Messenger of Allah (peace and blessings be upon him) gave the ruling of retribution for body parts, and the Ummah is unanimous upon it. He said: «وَ كَتَبْنَا عَلَيْهِمْ فِيْهَاۤ اَنَّ النَّفْسَ بِالنَّفْسِ وَ الْعَيْنَ بِالْعَيْنِ وَ الْاَنْفَ بِالْاَنْفِ وَ الْاُذُنَ بِالْاُذُنِ وَ السِّنَّ بِالسِّنِّ وَ الْجُرُوْحَ قِصَاصٌ فَمَنْ تَصَدَّقَ بِهٖ فَهُوَ كَفَّارَةٌ لَّهٗ وَ مَنْ لَّمْ يَحْكُمْ بِمَاۤ اَنْزَلَ اللّٰهُ فَاُولٰٓىِٕكَ هُمُ الظّٰلِمُوْنَ » [ المائدۃ : ۴۵ ] "And We ordained 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. But whoever gives up his right as charity, it is an expiation for him. And whoever does not judge by what Allah has revealed, then those are the wrongdoers." In Al-Ma'idah, verse (48), by calling the Qur'an a {’’ مُهَيْمِنًا ‘‘} over the previous books, one purpose is also evident: that the issue of stoning for a married adulterer and retribution for life and body parts is now under the protection of the Qur'an.
⓫ The verse of the Qur'an in which the explicit command of stoning was present, and whose recitation is abrogated but the ruling remains, was mentioned by the Commander of the Faithful, Umar ibn Al-Khattab (may Allah be pleased with him), from the pulpit with great emphasis, when he feared that some people would not see the explicit word of stoning in the Qur'an and would deny it (as the Kharijites did and as some free-thinkers of our time have done). Along with this, he also referred to the practice of the Messenger of Allah (peace and blessings be upon him), Abu Bakr (may Allah be pleased with him), and himself. Ibn Abbas (may Allah be pleased with them) narrates the sermon of Umar ibn Al-Khattab (may Allah be pleased with him), which he delivered in Madinah after returning from his last Hajj. In it, he said: [ إِنَّ اللّٰهَ بَعَثَ مُحَمَّدًا صَلَّی اللّٰهُ عَلَيْهِ وَ سَلَّمَ بِالْحَقِّ، وَ أَنْزَلَ عَلَيْهِ الْكِتَابَ، فَكَانَ مِمَّا أَنْزَلَ اللّٰهُ آيَةُ الرَّجْمِ فَقَرَأْنَاهَا وَ عَقَلْنَاهَا وَ وَعَيْنَاهَا، رَجَمَ رَسُوْلُ اللّٰهِ صَلَّی اللّٰهُ عَلَيْهِ وَ سَلَّمَ وَ رَجَمْنَا بَعْدَهُ، فَأَخْشَی إِنْ طَالَ بِالنَّاسِ زَمَانٌ أَنْ يَّقُوْلَ قَائِلٌ، وَاللّٰهِ! مَا نَجِدُ آيَةَ الرَّجْمِ فِيْ كِتَابِ اللّٰهِ، فَيَضِلُّوْا بِتَرْكِ فَرِيْضَةٍ أَنْزَلَهَا اللّٰهُ، وَالرَّجْمُ فِيْ كِتَابِ اللّٰهِ حَقٌّ عَلٰی مَنْ زَنٰی إِذَا أُحْصِنَ مِنَ الرِّجَالِ وَالنِّسَاءِ، إِذَا قَامَتِ الْبَيِّنَةُ، أَوْ كَانَ الْحَبَلُ، أَوِ الْاِعْتِرَافُ] [بخاري، الحدود، باب رجم الحبلٰی من الزنا إذا أحصنت : ۶۸۳۰ ] "Allah sent Muhammad (peace and blessings be upon him) with the truth and revealed the Book to him, and among what Allah revealed to him was the verse of stoning. We read it, understood it, and memorized it. The Messenger of Allah (peace and blessings be upon him) stoned, and after him, we also stoned. I fear that if a long time passes over people, someone will say: By Allah! We do not find stoning in the Book of Allah, and thus they will go astray by abandoning an obligation that Allah has revealed. Stoning is a right in the Book of Allah upon the one who is married, whether man or woman, when evidence is established, or there is pregnancy, or confession."
⓬ Many hadiths from the Messenger of Allah (peace and blessings be upon him) mention the ruling of stoning, as has been mentioned in benefit (1) of the verse under exegesis, and the stoning of Ma'iz Al-Aslami and the Ghamidiyyah by the Prophet (peace and blessings be upon him) is mentioned in almost every book of hadith. Similarly, the stoning of the Jews is mentioned in benefits (3) and (10). In addition, the Messenger of Allah (peace and blessings be upon him) declaring stoning as the judgment of the Book of Allah and acting upon it is narrated in Sahih Bukhari. Abu Hurairah and Zayd ibn Khalid (may Allah be pleased with them) narrated that we were with the Prophet (peace and blessings be upon him) when a man stood up and said: [ أَنْشُدُكَ اللّٰهَ إِلَّا مَا قَضَيْتَ بَيْنَنَا بِكِتَابِ اللّٰهِ ] "I adjure you by Allah to judge between us by the Book of Allah in all circumstances." Then the man with whom he had a dispute stood up, and he was more intelligent. He said: "Judge between us by the Book of Allah and allow me to speak." The Prophet (peace and blessings be upon him) said: "Speak!" He said: "My son was a laborer for this man, and he committed adultery with his wife. I ransomed him by giving one hundred sheep and a servant. Then I asked some knowledgeable people, and they told me that my son should receive one hundred lashes and one year of exile, and this man's wife should be stoned." The Prophet (peace and blessings be upon him) said: [ وَالَّذِيْ نَفْسِيْ بِيَدِهِ لَأَقْضِيَنَّ بَيْنَكُمَا بِكِتَابِ اللّٰهِ جَلَّ ذِكْرُهُ، الْمِائَةُ شَاةٍ وَالْخَادِمُ رَدٌّ عَلَيْكَ، وَعَلَی ابْنِكَ جَلْدُ مِائَةٍ وَ تَغْرِيْبُ عَامٍ، وَاغْدُ يَا أُنَيْسُ ! عَلَی امْرَأَةِ هٰذَا، فَإِنِ اعْتَرَفَتْ فَارْجُمْهَا، فَغَدَا عَلَيْهَا فَاعْتَرَفَتْ فَرَجَمَهَا ] [ بخاري، الحدود، باب الاعتراف بالزنا : ۶۸۲۷، ۶۸۲۸ ] "By Him in Whose hand is my soul! I will certainly judge between you by the Book of Allah, the Exalted. The one hundred sheep and the slave girl will be returned to you, and your son will receive one hundred lashes and one year of exile. And O Unais! Go to the wife in the morning, and if she confesses, then stone her." He went to her in the morning, and she confessed, so she was stoned.
⓭ Some people in the Muslim Ummah have denied stoning. Some have denied flogging and stoning, and even all the limits, calling them barbaric punishments. The Muslim Ummah recognizes such people as the worst hypocrites, for when they call the commands of Allah and His Messenger barbaric, it is clear that they have donned the cloak of Islam only to represent disbelief while living among Muslims. Therefore, due to the public knowledge of their hypocrisy, these people have not been able to harm Islam, and Muslims are always waiting and praying for the blessed time to come when, as in the Prophetic era and the era of the Rightly Guided Caliphate, the limits of Allah will be established, and peace, chastity, and purity will prevail in society.
⓮ The real harm to the limits of Allah was done by those people and their like-minded followers who, although they did not deny the limits of Allah, nor the hadd of flogging for the unmarried adulterer, nor the hadd of stoning for the married adulterer, yet they invented such legal tricks that it became almost impossible to enforce the hadd on any adulterer (whether unmarried or married). The irony is that their current followers insist on declaring these legal rulings as the command of Allah and enforcing them as Islamic law in the country. We quote a few of their clauses here: (1) If one commits adultery with a woman brought for hire, there is no hadd upon him. (2) If one commits adultery in Dar al-Harb or Dar al-Baghi, there is no hadd upon him. (3) If one marries a woman with whom marriage is forbidden (mother, sister, daughter, maternal aunt, paternal aunt, niece, etc.) and commits adultery with her, there is no hadd upon him, even if he knows it is forbidden. (4) If a ruler who has no ruler above him commits adultery, there is no hadd upon him. (5) If the adulterer claims that she is his wife, the hadd is dropped, even if she is someone else's wife and he presents no evidence. These are some of their tricks, so tell me, which adulterer would not save himself from the hadd by making a false claim?
➋ { اَلزَّانِيَةُ وَ الزَّانِيْ:} is the subject, its predicate is {’’ فَاجْلِدُوْا ‘‘}. The "fa" is used here because the subject contains the meaning of a condition, as the definite article "al" is in the meaning of {’’ أَلَّذِيْ ‘‘}, i.e., whoever is the woman who commits adultery and whoever is the man who commits adultery. In this verse, Muslim rulers are commanded that whichever woman or man commits adultery, regardless of their religion or community, if their case is brought before you, and they are not married, then each of them should be given one hundred lashes. For a married adulterer and adulteress, the ruling is stoning, as mentioned in the previous benefit in the hadith, and further details will come ahead.
➌ If a non-Muslim dhimmi commits adultery and the case is brought before Muslim rulers, then their judgment will also be according to the Book and Sunnah, as mentioned in Surah Al-Ma'idah (48, 49). Abdullah ibn Umar (may Allah be pleased with them) narrates that the Jews came to the Messenger of Allah (peace and blessings be upon him) and mentioned to him that a man and a woman among them had committed adultery. The Messenger of Allah (peace and blessings be upon him) said: [ مَا تَجِدُوْنَ فِي التَّوْرَاةِ فِيْ شَأْنِ الرَّجْمِ ؟ ] "What do you find regarding stoning in the Torah?" They said: "We disgrace them and they are flogged." Abdullah ibn Salam (may Allah be pleased with him) said: "You have lied, stoning is indeed present in the Torah." So they brought the Torah and opened it, and one of them placed his hand over the verse of stoning and read what was before and after it. Abdullah ibn Salam (may Allah be pleased with him) said to him: "Lift your hand." He lifted his hand, and there was the verse of stoning. They said: "O Muhammad! He has spoken the truth, the verse of stoning is present in it." So the Messenger of Allah (peace and blessings be upon him) ordered regarding both of them, and they were stoned. [ بخاري، الحدود، باب أحکام أہل الذمۃ و إحصانہم إذا زنوا و رفعوا إلی الإمام : ۶۸۴۱ ]
The chapter heading established by Imam Bukhari (may Allah have mercy on him) also proves that if the people of dhimmah bring a case to the Muslims, then the punishment for adultery is the same for them as it is for Muslims, as the Messenger of Allah (peace and blessings be upon him) enforced the ruling of stoning upon the Jews as well. For details, see Fath al-Bari. None of the narrations that stipulate Islam as a condition for the enforcement of this hadd are authentically established from the Messenger of Allah (peace and blessings be upon him). The reality is that in a Muslim society, dhimmi non-Muslims are certainly free to practice their religion, but they cannot be allowed to spread immorality and indecency.
➍ The wisdom in bringing { ’’ اَلزَّانِيَةُ ‘‘} before {’’ الزَّانِيْ ‘‘} seems to be that generally, the incitement to adultery comes from women; if there is no gesture, smile, immodesty, or charm in speech from their side, men rarely dare to take action. Usamah ibn Zayd (may Allah be pleased with them) said that the Prophet (peace and blessings be upon him) said: [ مَا تَرَكْتُ بَعْدِيْ فِتْنَةً أَضَرَّ عَلَی الرِّجَالِ مِنَ النِّسَاءِ] [ بخاري، النکاح، باب ما یتقي من شؤم المرأۃ : ۵۰۹۶ ] "I have not left any trial more harmful to men after me than women." Besides this, the disgrace and shame of adultery is greater for women, because they face issues of virginity and pregnancy. {’’ فَاجْلِدُوْا كُلَّ وَاحِدٍ مِّنْهُمَا ‘‘} Therefore, it is stated that whether the incitement to adultery comes from the woman or the man, the punishment will be the same for both.
➎ The meaning of { فَاجْلِدُوْا : ’’ جِلْدٌ ‘‘} is skin. From this word, the jurists have derived two rulings: first, that the whip used for flogging should be made of leather, and it should be moderate—not too hard nor too soft. Second, that the effect of the strike should remain on the skin, not such a blow that the flesh is torn; and these lashes should be given on different parts of the body, avoiding the face and sensitive areas, not repeatedly on the same spot, and not with full force by raising the hand high, but with a moderate strike without raising the hand above the shoulder. Zamakhshari said: The meaning of {’’ اَلْجِلْدُ ‘‘} is a strike on the skin, so {’’جَلَدَهُ ‘‘} (he struck his skin) is like {’’ظَهَرَهُ‘‘} (he struck his back), {’’ بَطَنَهُ ‘‘} (he struck his belly), and {’’رَأَسَهُ‘‘} (he struck his head). Nowadays, governments have executioners trained to flog in such a way that the lashes fall on the same spot, then the convict is tied to a post and whipped on the buttocks so that the executioner runs from a distance and strikes with full force; after a few lashes on the same spot, the flesh starts to fly off, sometimes even the bones are exposed, and the person becomes crippled for life. In Islam, such a barbaric punishment of flogging is not prescribed for any crime; rather, if the perpetrator of adultery is an unmarried person who cannot bear one hundred lashes, there is even a concession for him. Sa'id ibn Sa'd ibn Ubadah (may Allah be pleased with them) narrates that there was a weak, disabled man in our neighborhood who was seen committing fornication with a servant. Sa'd ibn Ubadah (may Allah be pleased with him) presented his case before the Messenger of Allah (peace and blessings be upon him), who said: "Flog him one hundred times." The people said: "O Messenger of Allah! He is too weak, if we flog him one hundred times, he will die." The Prophet (peace and blessings be upon him) said: [فَخُذُوْا لَهُ عِثْكَالًا، فِيْهِ مِائَةُ شِمْرَاخٍ، فَاضْرِبُوْهُ ضَرْبَةً وَاحِدَةً ] [ ابن ماجہ، الحدود، باب الکبیر والمریض یجب علیہ الحد : ۲۵۷۴ ] "Then take a branch of date palm with one hundred twigs and strike him once with it."
➏ { وَ لَا تَاْخُذْكُمْ بِهِمَا رَاْفَةٌ …:} Because showing mercy to the immoral is oppression upon the entire Islamic society. The previous nations were destroyed due to leniency in the limits set by Allah. If the limits of Allah are not respected and enforced, the nation falls into internal strife and crime, and epidemics break out upon them. Ibn Umar (may Allah be pleased with them) narrates that we were with the Messenger of Allah (peace and blessings be upon him), and he said: [ يَا مَعْشَرَ الْمُهَاجِرِيْنَ! خَمْسٌ إِذَا ابْتُلِيْتُمْ بِهِنَّ، وَ أَعُوْذُ بِاللّٰهِ أَنْ تُدْرِكُوْهُنَّ : لَمْ تَظْهَرِ الْفَاحِشَةُ فِيْ قَوْمٍ قَطُّ، حَتّٰی يُعْلِنُوْا بِهَا، إِلَّا فَشَا فِيْهِمُ الطَّاعُوْنُ وَالْأَوْجَاعُ الَّتِيْ لَمْ تَكُنْ مَضَتْ فِيْ أَسْلَافِهِمُ الَّذِيْنَ مَضَوْا، وَلَمْ يَنْقُصُوا الْمِكْيَالَ وَالْمِيْزَانَ، إِلَّا أُخِذُوْا بِالسِّنِيْنَ وَ شِدَّةِ الْمَؤُوْنَةِ وَ جَوْرِ السُّلْطَانِ عَلَيْهِمْ، وَلَمْ يَمْنَعُوْا زَكَاةَ أَمْوَالِهِمْ، إِلَّا مُنِعُوا الْقَطْرَ مِنَ السَّمَاءِ، وَ لَوْ لَا الْبَهَائِمُ لَمْ يُمْطَرُوْا وَلَمْ يَنْقُضُوْا عَهْدَ اللّٰهِ وَ عَهْدَ رَسُوْلِهِ، إِلَّا سَلَّطَ اللّٰهُ عَلَيْهِمْ عَدُوًّا مِنْ غَيْرِهِمْ، فَأَخَذُوْا بَعْضَ مَا فِيْ أَيْدِيْهِمْ وَمَا لَمْ تَحْكُمْ أَئِمَّتُهُمْ بِكِتَابِ اللّٰهِ، وَ يَتَخَيَّرُوْا مِمَّا أَنْزَلَ اللّٰهُ، إِلَّا جَعَلَ اللّٰهُ بَأْسَهُمْ بَيْنَهُمْ ] [ ابن ماجہ، الفتن، باب العقوبات : ۴۰۱۹۔ مستدرک حاکم : 540/4، ح : ۸۶۲۳، و قال صحیح علی شرط مسلم۔ صحیح الترغیب و الترہیب : ۲۱۸۷ ] "O group of Muhajirin! There are five things, if you are afflicted with them (then their punishment will surely come), and I seek refuge with Allah that you encounter them: Whenever immorality (indecency and fornication) becomes widespread in a people and is committed openly, then plague and such diseases will spread among them that did not exist among their predecessors; and whenever a people cheat in weights and measures, they are seized with famine, hardship, and the oppression of their rulers; and whenever a people withhold zakat from their wealth, rain is withheld from them from the sky, and if it were not for the animals, rain would not fall at all; and whenever a people break their covenant with Allah and His Messenger, Allah will set enemies from among other nations upon them who will seize some of what is in their hands; and whenever their leaders do not judge according to the Book of Allah and do not choose what Allah has revealed, Allah will cause fighting among them." This is the result of suspending the limits of Allah, whereas enforcing the limits of Allah brings countless blessings. See Surah Al-Ma'idah (66) and Surah Al-A'raf (96).
➐ { وَ لَا تَاْخُذْكُمْ بِهِمَا رَاْفَةٌ فِيْ دِيْنِ اللّٰهِ :} This does not mean that while flogging them, you should not feel any compassion or mercy in your hearts; rather, the words {’’ فِيْ دِيْنِ اللّٰهِ ‘‘} indicate that the meaning is that no leniency or pity from your side should become an obstacle in enforcing the limit of Allah. As for feeling compassion or mercy in the heart while flogging or witnessing the scene, this is natural, and a person has no control over it, nor is there any sin in it. The sin is to refrain from enforcing the limit due to pity, or to recommend not enforcing the limit due to pity, or to flog so lightly that the purpose of the limit is lost. Qarah Mazni (may Allah be pleased with him) narrates that a man said: "O Messenger of Allah! I slaughter a goat and I feel compassion for it." The Prophet (peace and blessings be upon him) said: [ وَالشَّاةُ إِنْ رَحِمْتَهَا رَحِمَكَ اللّٰهُ، مَرَّتَيْنِ ] [ الأدب المفرد للبخاري : ۳۷۳۔ مسند أحمد : 436/3، ح : ۱۵۵۹۸ ] "And if you show mercy to the goat, Allah will show mercy to you." He said these words twice.
➑ The crime for which Allah has prescribed a limit can be forgiven mutually before being brought to the ruler; after the case is presented to the ruler, neither is recommendation allowed nor does the ruler have the authority to pardon the limit. Abdullah ibn Amr (may Allah be pleased with them) narrates that the Messenger of Allah (peace and blessings be upon him) said: [ تَعَافَوُا الْحُدُوْدَ فِيْمَا بَيْنَكُمْ فَمَا بَلَغَنِيْ مِنْ حَدٍّ فَقَدْ وَجَبَ ] [أبوداوٗد، الحدود، باب یعفی عن الحدود… : ۴۳۷۶۔ نسائي : ۴۸۹۰، قال الألباني صحیح ] "Forgive the limits among yourselves, for any limit that comes to me will become obligatory."
Aisha (may Allah be pleased with her) narrates that the Quraysh were concerned about the case of a woman from the Makhzum tribe who had stolen. They said: "Who will speak to the Messenger of Allah (peace and blessings be upon him) about her? And who but the beloved of the Messenger of Allah, Usamah ibn Zayd, would dare to do so?" So Usamah spoke to the Messenger of Allah (peace and blessings be upon him). He said: [ أَتَشْفَعُ فِيْ حَدٍّ مِنْ حُدُوْدِ اللّٰهِ؟ ثُمَّ قَامَ فَخَطَبَ، فَقَالَ : يَا أَيُّهَا النَّاسُ! إِنَّمَا ضَلَّ مَنْ كَانَ قَبْلَكُمْ أَنَّهُمْ كَانُوْا إِذَا سَرَقَ الشَّرِيْفُ تَرَكُوْهُ، وَ إِذَا سَرَقَ الضَّعِيْفُ فِيْهِمْ أَقَامُوْا عَلَيْهِ الْحَدَّ، وَايْمُ اللّٰهِ! لَوْ أَنَّ فَاطِمَةَ بِنْتَ مُحَمَّدٍ سَرَقَتْ لَقَطَعَ مُحَمَّدٌ يَدَهَا ] [ بخاري، الحدود، باب کراھیۃ الشفاعۃ في الحد إذا رفع إلی السلطان : ۶۷۸۸۔ مسلم : ۱۶۸۸ ] "Are you interceding regarding one of the limits of Allah?" Then he stood up and gave a sermon, saying: "O people! Those before you were destroyed because when a noble person stole, they let him go, and when a weak person stole, they enforced the limit upon him. By Allah! If Fatimah bint Muhammad (peace and blessings be upon him) were to steal, Muhammad would certainly cut off her hand."
➒ { وَ لْيَشْهَدْ عَذَابَهُمَا طَآىِٕفَةٌ مِّنَ الْمُؤْمِنِيْنَ:} There are two purposes for the limits of Allah: one is that the criminal receives the punishment for his crime, and the other is that it serves as a lesson for him and others so that they refrain from the crime, as He said: « وَ السَّارِقُ وَ السَّارِقَةُ فَاقْطَعُوْۤا اَيْدِيَهُمَا جَزَآءًۢ بِمَا كَسَبَا نَكَالًا مِّنَ اللّٰهِ وَ اللّٰهُ عَزِيْزٌ حَكِيْمٌ» [ المائدۃ : ۳۸ ] "And the male thief and the female thief, cut off their hands as a recompense for what they have earned, as a deterrent from Allah, and Allah is Mighty, Wise." The cut hand of the thief is sufficient as a deterrent; here, for the adulterer, it is commanded that a group of believers be present at the time of enforcing the limit, so that it serves as a lesson. The presence of a group of Muslims at the time of flogging is itself a punishment, because the pain of the lashes ends, but the feeling of disgrace does not go away quickly. Moreover, when the limit is enforced in public, there remains no possibility of suspending the limit or reducing or softening it.
➓ If a married man or married woman commits adultery, then their limit is stoning, which is established by the Qur'an, the mutawatir Sunnah, and the consensus of the Ummah. This ruling is established by the existing verses of the Qur'an and also by the verse of the Qur'an whose recitation is abrogated but whose ruling remains. Before mentioning the existing verse in the Qur'an, it is necessary to remember that the rulings revealed to previous prophets and their communities, which the Qur'an has mentioned and which have not been abrogated in the Qur'an and Sunnah, are obligatory upon our Prophet (peace and blessings be upon him) and his entire Ummah, as Allah Almighty mentioned the names of eighteen (18) prophets in Surah Al-An'am and mentioned their fathers, offspring, and brothers, then said: « اُولٰٓىِٕكَ الَّذِيْنَ هَدَى اللّٰهُ فَبِهُدٰىهُمُ اقْتَدِهْ » [الأنعام : ۹۰ ] "Those are the ones whom Allah has guided, so follow their guidance." The punishment of stoning is mentioned by Allah Almighty in Surah Al-Ma'idah with reference to the Torah: « وَ كَيْفَ يُحَكِّمُوْنَكَ وَ عِنْدَهُمُ التَّوْرٰىةُ فِيْهَا حُكْمُ اللّٰهِ» [ المائدۃ : ۴۳ ] "But how do they make you a judge while they have the Torah, in which is the judgment of Allah?" This ruling was stoning, as has been mentioned in the above benefits. Accordingly, the Noble Prophet (peace and blessings be upon him) judged in accordance with it and said: [ اَللّٰهُمَّ إِنِّيْ أَوَّلُ مَنْ أَحْيَا أَمْرَكَ إِذْ أَمَاتُوْهُ ] "O Allah! I am the first to revive Your command when they had made it dead." The detailed hadith is as follows: Bara' ibn Azib (may Allah be pleased with him) narrates that the Prophet (peace and blessings be upon him) passed by a Jew whose face had been blackened and who had been flogged. The Prophet (peace and blessings be upon him) called them and said: [ هٰكَذَا تَجِدُوْنَ حَدَّ الزَّانِيْ فِيْ كِتَابِكُمْ؟ قَالُوْا نَعَمْ، فَدَعَا رَجُلًا مِنْ عُلَمَائِهِمْ، فَقَالَ أَنْشُدُكَ بِاللّٰهِ الَّذِيْ أَنْزَلَ التَّوْرَاةَ عَلٰی مُوْسٰی! أَهٰكَذَا تَجِدُوْنَ حَدَّ الزَّانِيْ فِيْ كِتَابِكُمْ؟ قَالَ لَا، وَلَوْ لَا أَنَّكَ نَشَدْتَنِيْ بِهٰذَا لَمْ أُخْبِرْكَ، نَجِدُهُ الرَّجْمَ، وَلٰكِنَّهُ كَثُرَ فِيْ أَشْرَافِنَا، فَكُنَّا إِذَا أَخَذْنَا الشَّرِيْفَ تَرَكْنَاهُ، وَإِذَا أَخَذْنَا الضَّعِيْفَ، أَقَمْنَا عَلَيْهِ الْحَدَّ، قُلْنَا تَعَالَوْا فَلْنَجْتَمِعْ عَلٰی شَيْءٍ نُقِيْمُهُ عَلَی الشَّرِيْفِ وَالْوَضِيْعِ، فَجَعَلْنَا التَّحْمِيْمَ وَالْجَلْدَ مَكَانَ الرَّجْمِ، فَقَالَ رَسُوْلُ اللّٰهِ صَلَّی اللّٰهُ عَلَيْهِ وَ سَلَّمَ اَللّٰهُمَّ إِنِّيْ أَوَّلُ مَنْ أَحْيَا أَمْرَكَ إِذْ أَمَاتُوْهُ فَأَمَرَ بِهِ فَرُجِمَ] [مسلم، الحدود، باب رجم الیہود أہل الذمۃ في الزنٰی : ۱۷۰۰ ] "Do you find the limit for adultery in your book as such?" They said: "Yes!" So the Prophet (peace and blessings be upon him) called one of their scholars and said: "I adjure you by Allah who revealed the Torah to Moses, do you find the limit for adultery in your book as such?" He said: "No! And if you had not adjured me, I would not have told you. We find (the limit) as stoning, but this act (adultery) became common among our nobles, so when we caught a noble, we let him go, and when we caught a weak person, we enforced the limit upon him. So we said, let us agree on a punishment that we can enforce on both the high and the low, so we replaced stoning with blackening the face and flogging." The Messenger of Allah (peace and blessings be upon him) said: "O Allah! I am the first to revive Your command when they had made it dead." So he ordered regarding him and he was stoned." After this hadith, see Surah Al-Ma'idah, verses (41 to 50); it will become absolutely clear that stoning is the command of Allah.
To act upon this ruling of stoning in the Torah, declared as the command of Allah, is just as Allah Almighty mentioned the law of retribution for body parts with reference to the Torah. Nowhere else in the Qur'an is the law of retribution for body parts mentioned, yet the Messenger of Allah (peace and blessings be upon him) gave the ruling of retribution for body parts, and the Ummah is unanimous upon it. He said: «وَ كَتَبْنَا عَلَيْهِمْ فِيْهَاۤ اَنَّ النَّفْسَ بِالنَّفْسِ وَ الْعَيْنَ بِالْعَيْنِ وَ الْاَنْفَ بِالْاَنْفِ وَ الْاُذُنَ بِالْاُذُنِ وَ السِّنَّ بِالسِّنِّ وَ الْجُرُوْحَ قِصَاصٌ فَمَنْ تَصَدَّقَ بِهٖ فَهُوَ كَفَّارَةٌ لَّهٗ وَ مَنْ لَّمْ يَحْكُمْ بِمَاۤ اَنْزَلَ اللّٰهُ فَاُولٰٓىِٕكَ هُمُ الظّٰلِمُوْنَ » [ المائدۃ : ۴۵ ] "And We ordained 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. But whoever gives up his right as charity, it is an expiation for him. And whoever does not judge by what Allah has revealed, then those are the wrongdoers." In Al-Ma'idah, verse (48), by calling the Qur'an a {’’ مُهَيْمِنًا ‘‘} over the previous books, one purpose is also evident: that the issue of stoning for a married adulterer and retribution for life and body parts is now under the protection of the Qur'an.
⓫ The verse of the Qur'an in which the explicit command of stoning was present, and whose recitation is abrogated but the ruling remains, was mentioned by the Commander of the Faithful, Umar ibn Al-Khattab (may Allah be pleased with him), from the pulpit with great emphasis, when he feared that some people would not see the explicit word of stoning in the Qur'an and would deny it (as the Kharijites did and as some free-thinkers of our time have done). Along with this, he also referred to the practice of the Messenger of Allah (peace and blessings be upon him), Abu Bakr (may Allah be pleased with him), and himself. Ibn Abbas (may Allah be pleased with them) narrates the sermon of Umar ibn Al-Khattab (may Allah be pleased with him), which he delivered in Madinah after returning from his last Hajj. In it, he said: [ إِنَّ اللّٰهَ بَعَثَ مُحَمَّدًا صَلَّی اللّٰهُ عَلَيْهِ وَ سَلَّمَ بِالْحَقِّ، وَ أَنْزَلَ عَلَيْهِ الْكِتَابَ، فَكَانَ مِمَّا أَنْزَلَ اللّٰهُ آيَةُ الرَّجْمِ فَقَرَأْنَاهَا وَ عَقَلْنَاهَا وَ وَعَيْنَاهَا، رَجَمَ رَسُوْلُ اللّٰهِ صَلَّی اللّٰهُ عَلَيْهِ وَ سَلَّمَ وَ رَجَمْنَا بَعْدَهُ، فَأَخْشَی إِنْ طَالَ بِالنَّاسِ زَمَانٌ أَنْ يَّقُوْلَ قَائِلٌ، وَاللّٰهِ! مَا نَجِدُ آيَةَ الرَّجْمِ فِيْ كِتَابِ اللّٰهِ، فَيَضِلُّوْا بِتَرْكِ فَرِيْضَةٍ أَنْزَلَهَا اللّٰهُ، وَالرَّجْمُ فِيْ كِتَابِ اللّٰهِ حَقٌّ عَلٰی مَنْ زَنٰی إِذَا أُحْصِنَ مِنَ الرِّجَالِ وَالنِّسَاءِ، إِذَا قَامَتِ الْبَيِّنَةُ، أَوْ كَانَ الْحَبَلُ، أَوِ الْاِعْتِرَافُ] [بخاري، الحدود، باب رجم الحبلٰی من الزنا إذا أحصنت : ۶۸۳۰ ] "Allah sent Muhammad (peace and blessings be upon him) with the truth and revealed the Book to him, and among what Allah revealed to him was the verse of stoning. We read it, understood it, and memorized it. The Messenger of Allah (peace and blessings be upon him) stoned, and after him, we also stoned. I fear that if a long time passes over people, someone will say: By Allah! We do not find stoning in the Book of Allah, and thus they will go astray by abandoning an obligation that Allah has revealed. Stoning is a right in the Book of Allah upon the one who is married, whether man or woman, when evidence is established, or there is pregnancy, or confession."
⓬ Many hadiths from the Messenger of Allah (peace and blessings be upon him) mention the ruling of stoning, as has been mentioned in benefit (1) of the verse under exegesis, and the stoning of Ma'iz Al-Aslami and the Ghamidiyyah by the Prophet (peace and blessings be upon him) is mentioned in almost every book of hadith. Similarly, the stoning of the Jews is mentioned in benefits (3) and (10). In addition, the Messenger of Allah (peace and blessings be upon him) declaring stoning as the judgment of the Book of Allah and acting upon it is narrated in Sahih Bukhari. Abu Hurairah and Zayd ibn Khalid (may Allah be pleased with them) narrated that we were with the Prophet (peace and blessings be upon him) when a man stood up and said: [ أَنْشُدُكَ اللّٰهَ إِلَّا مَا قَضَيْتَ بَيْنَنَا بِكِتَابِ اللّٰهِ ] "I adjure you by Allah to judge between us by the Book of Allah in all circumstances." Then the man with whom he had a dispute stood up, and he was more intelligent. He said: "Judge between us by the Book of Allah and allow me to speak." The Prophet (peace and blessings be upon him) said: "Speak!" He said: "My son was a laborer for this man, and he committed adultery with his wife. I ransomed him by giving one hundred sheep and a servant. Then I asked some knowledgeable people, and they told me that my son should receive one hundred lashes and one year of exile, and this man's wife should be stoned." The Prophet (peace and blessings be upon him) said: [ وَالَّذِيْ نَفْسِيْ بِيَدِهِ لَأَقْضِيَنَّ بَيْنَكُمَا بِكِتَابِ اللّٰهِ جَلَّ ذِكْرُهُ، الْمِائَةُ شَاةٍ وَالْخَادِمُ رَدٌّ عَلَيْكَ، وَعَلَی ابْنِكَ جَلْدُ مِائَةٍ وَ تَغْرِيْبُ عَامٍ، وَاغْدُ يَا أُنَيْسُ ! عَلَی امْرَأَةِ هٰذَا، فَإِنِ اعْتَرَفَتْ فَارْجُمْهَا، فَغَدَا عَلَيْهَا فَاعْتَرَفَتْ فَرَجَمَهَا ] [ بخاري، الحدود، باب الاعتراف بالزنا : ۶۸۲۷، ۶۸۲۸ ] "By Him in Whose hand is my soul! I will certainly judge between you by the Book of Allah, the Exalted. The one hundred sheep and the slave girl will be returned to you, and your son will receive one hundred lashes and one year of exile. And O Unais! Go to the wife in the morning, and if she confesses, then stone her." He went to her in the morning, and she confessed, so she was stoned.
⓭ Some people in the Muslim Ummah have denied stoning. Some have denied flogging and stoning, and even all the limits, calling them barbaric punishments. The Muslim Ummah recognizes such people as the worst hypocrites, for when they call the commands of Allah and His Messenger barbaric, it is clear that they have donned the cloak of Islam only to represent disbelief while living among Muslims. Therefore, due to the public knowledge of their hypocrisy, these people have not been able to harm Islam, and Muslims are always waiting and praying for the blessed time to come when, as in the Prophetic era and the era of the Rightly Guided Caliphate, the limits of Allah will be established, and peace, chastity, and purity will prevail in society.
⓮ The real harm to the limits of Allah was done by those people and their like-minded followers who, although they did not deny the limits of Allah, nor the hadd of flogging for the unmarried adulterer, nor the hadd of stoning for the married adulterer, yet they invented such legal tricks that it became almost impossible to enforce the hadd on any adulterer (whether unmarried or married). The irony is that their current followers insist on declaring these legal rulings as the command of Allah and enforcing them as Islamic law in the country. We quote a few of their clauses here: (1) If one commits adultery with a woman brought for hire, there is no hadd upon him. (2) If one commits adultery in Dar al-Harb or Dar al-Baghi, there is no hadd upon him. (3) If one marries a woman with whom marriage is forbidden (mother, sister, daughter, maternal aunt, paternal aunt, niece, etc.) and commits adultery with her, there is no hadd upon him, even if he knows it is forbidden. (4) If a ruler who has no ruler above him commits adultery, there is no hadd upon him. (5) If the adulterer claims that she is his wife, the hadd is dropped, even if she is someone else's wife and he presents no evidence. These are some of their tricks, so tell me, which adulterer would not save himself from the hadd by making a false claim?
