Hadith of Abū Hurayrah Regarding the Punishment for a Slave Woman
Narrated by Abū Hurayrah رضي الله عنه:I heard the Messenger of Allah ﷺ say:
"If the slave woman of any one of you commits zina, and her zina becomes clear, then establish the legal punishment upon her, but do not speak ill of her."
(Agreed upon – Bukhārī 6839, Muslim 1703)
Hadith of ʿAlī رضي الله عنه on Administering Hudūd to Slaves
Narrated by Abū ʿAbd ar-Raḥmān:ʿAlī رضي الله عنه addressed the people and said:
"O people! Establish the ḥadd on your male and female slaves, whether they are married or not. A slave woman belonging to the Messenger of Allah ﷺ committed zina, and he ordered me to lash her. But she was newly post-partum, and I feared that if I lashed her, she might die. I mentioned this to the Prophet ﷺ, and he said: ‘You did well.’"
(Reported by Muslim 1705)
Key Takeaways and Rulings
❶ If a slave woman commits zina and it is confirmed, then the prescribed punishment (ḥadd) should be carried out. However, she should not be rebuked or publicly disgraced.❷ A slave’s owner has the right to implement the ḥadd punishment or refer the case to the judicial authority. This is also the view of the majority of scholars.
❸ Whether free or a slave, punishment should not be carried out if the woman is pregnant or in the post-partum period (nifās). In such cases, the punishment is delayed until she recovers.
This content is derived from the book "Ḍiyāʾ al-Islām fī Sharḥ al-Imām bi-Aḥādīth al-Aḥkām" by Shaykh Taqī ad-Dīn Abī al-Fatḥ, translated by Mawlānā Maḥmūd Aḥmad Ghaḍanfar.