The punishment of stoning (Hadd Rajm) for a married adulterer is not present in the Holy Quran, and the Prophet Muhammad ﷺ ordering stoning for some criminals in his time was due to several other reasons: such as rowdiness, prostitution (which falls under the category of spreading corruption on earth), not as a punishment for adultery. The punishment for adultery is the one mentioned in Surah An-Nur, which is one hundred lashes without any distinction between married or unmarried. Allah Almighty says:
الزَّانِيَةُ وَالزَّانِي فَاجْلِدُوا كُلَّ وَاحِدٍ مِنْهُمَا مِائَةَ جَلْدَةٍ…..
Reference: (An-Nur:2)
Translation: The woman who commits adultery and the man who commits adultery—each of them, give them a hundred lashes.
❀ First Point
The establishment of the Hadd Rajm for a married adulterer from the Sunnah alone is sufficient proof because the Sunnah is divine revelation and holds the status of continuous legislation.
The command of the Exalted is:
وَمَا آتَاكُمُ الرَّسُولُ فَخُذُوهُ وَمَا نَهَاكُمْ عَنْهُ فَانتَهُوا
Reference: (Al-Hashr:7)
Translation: And whatever the Messenger gives you, take it, and what he forbids you, abstain from it.
Several rulings in Islamic Shariah are based solely on the Sunnah of the Prophet, for example: the inheritance rights of a paternal/maternal grandfather over a grandson, the prohibition of marrying a woman and her maternal aunt or paternal aunt in one marriage, the permissibility and prohibition of certain animals.
Ibn Qudamah states: "The punishment of stoning is reported with near consensus through the sayings and actions of the Prophet ﷺ, and there is unanimous agreement among his companions on it."
Reference: Al-Mughni (9/39)
.❀ Second Point
Authentic hadiths indicate that the punishment of stoning was present in the Quran, but then the wording of that verse was abrogated while the ruling remained. This unique type of abrogation caused some people to raise concerns, and some companions feared that in the future people would deny this punishment, and unfortunately, that is exactly what happened!
It is narrated from Sayyiduna Abdullah bin Abbas رضي الله عنهما that Sayyiduna Umar bin Khattab رضي الله عنه was sitting on the pulpit of the Prophet ﷺ and said: Indeed, Allah Almighty sent Muhammad ﷺ with the truth and revealed the Book upon you, the Book of Allah in the form of what was revealed to you, among which was the verse of stoning (Rajm). We used to read it, understand it, and memorize it. The Messenger of Allah ﷺ himself ordered stoning during his time. Then after you, we also carried out stoning, but I fear that if time continues like this, someone might claim that the verse of stoning is not found in the Book of Allah and thus abandon this obligation which Allah Almighty has revealed. Certainly, the ruling of stoning is established from the Book of Allah for the person who commits adultery after marriage, whether man or woman, provided that the testimony is complete, or pregnancy is evident, or the person confesses themselves.
Reference: (Sahih Bukhari: 6830, Sahih Muslim: 1691)
❀ Third Point
The punishment of stoning for a married adulterer is not an unfamiliar ruling but was present in previous Shariah before the Shariah of Muhammad, which is mentioned in the Quran and authentic Hadith.
Allah Almighty says:
يَا أَيُّهَا الرَّسُولُ لَا يَحْزُنْكَ الَّذِينَ يُسَارِعُونَ فِي الْكُفْرِ مِنَ الَّذِينَ قَالُوا آمَنَّا بِأَفْوَاهِهِمْ وَلَمْ تُؤْمِنْ قُلُوبُهُمْ وَمِنَ الَّذِينَ هَادُوا سَمَّاعُونَ لِلْكَذِبِ سَمَّاعُونَ لِقَوْمٍ آخَرِينَ لَمْ يَأْتُوكَ يُحَرِّفُونَ الْكَلِمَ مِنْ بَعْدِ مَوَاضِعِهِ…
Reference: (Al-Ma'idah:41)
Observe the Hadith:
Hazrat Abdullah bin Umar رضي الله عنهما narrates that the Jews came to the Messenger of Allah ﷺ and said that one man and one woman among them had committed adultery. The Holy Prophet ﷺ asked them what the ruling regarding stoning is in the Torah. They said that they disgrace them and flog them. Abdullah bin Salam رضي الله عنه then said that they are lying; the ruling of stoning is indeed present in it. So they brought the Torah and opened it. But one of their men placed his hand over the verse of stoning and read the parts before and after it. Abdullah bin Salam رضي الله عنه told him to remove his hand. When he removed his hand, the verse of stoning was there underneath. Then they said: O Muhammad! You have spoken the truth that the verse of stoning is present in it. Accordingly, the Holy Prophet ﷺ gave the order and both were stoned. I saw that the man was bending over the woman trying to protect her from the stones.
Verses 41 to 44 indicate this, as the commentators have explained. See: Tafsir Ibn Kathir Surah Al-Ma'idah 41-44
❀ Fourth Point
The punishment of stoning is a command from Allah Almighty because Allah, the Exalted and Glorious, has clearly stated about His Prophet:
وَلَوْ تَقَوَّلَ عَلَیْنَا بَعْضَ الْاَقَاوِیْلِ لَاَخَذْنَا مِنْہُ بِالْیَمِیْنِ ثُمَّ لَقَطَعْنَا مِنْہُ الْوَتِیْنَ
Reference: (Al-Haqqah: 44,46)
Translation: And if he had fabricated against Us some sayings, We would have certainly seized him by the right hand; then We would have certainly cut off his life artery.
This verse clarifies that the Prophet ﷺ did not fabricate anything on behalf of Allah.
Whereas the Prophet ﷺ clearly stated that this punishment is not from him personally, but it is given by the command of Allah Almighty:
خُذُوْا عَنِّي، خُذُوْا عَنِّيْ، خُذُوْا عَنِّيْ، قَدْ جَعَلَ اللّٰہُ لَھُنَّ سَبِیْلًا
Reference: (Sahih Muslim:1690)
Translation: Take from me, take from me, take from me; Allah has made a way for them (adulterous women). That is, He has prescribed a permanent punishment.
On some other occasions, you have mentioned the punishment of stoning for married adulterers and described it as the ruling of the "Book of Allah," as in the hadith:
…وَالَّذِي نَفْسِي بيَدِهِ، لأَقْضِيَنَّ بيْنَكُما بكِتَابِ اللهِ…
Reference: (Sahih Muslim:1696)
Translation: By the One in Whose hand is my life, I will judge between you both by the Book of Allah.
❀ Fifth Point
It is unacceptable to say without any evidence that the Prophet Muhammad ﷺ ordered the stoning of some criminals in his time due to some other reasons, and this is a highly disrespectful attitude towards the Companions of the Prophet ﷺ! There is no such clarification or indication in the hadith; rather, if any distinction is made in the hadith, it is only between the unmarried and the married, and separate punishments for both have been mentioned, meaning two different punishments have been prescribed for two types of criminals.
Consider the hadith:
Narrated from Hazrat Ubada bin Samit رضي الله عنه, he said: The Messenger of Allah صلی اللہ علیہ وسلم said: "Learn from me, learn from me, learn from me" (as Allah said: يا الله ان کے لیے کوئی راہ نکالے۔
Reference: (An-Nisa: 15)
Allah has made a way for them, for a virgin, a virgin who commits adultery, (for each) one hundred lashes and one year of exile, and for a married person who commits adultery, (for each) one hundred lashes and stoning.❀ Sixth Point
The distinction in the punishment between a married and an unmarried adulterer is according to reason. Consider that one is a person who has established a lawful relationship with his wife, and the other is one who has not been granted this blessing. Can the severity of the sin of both be the same? Certainly, the married person deserves a harsher punishment.
