It is proven by words and action that the penalty of adulterer whether a man or a woman in Shari`ah (Islamic law) is stoning to death. As for action, the Messenger of Allah (peace be upon him) stoned
Al-Ghamidiyyah and two Jews because they had illegal sexual intercourse while they were Muhsans (someone in a state of fortification against illicit sexual intercourse outside marriage by virtue of valid current or previous marriage).As for words, it is authentically reported on the authority of
`Ubadah ibn Al-Samit (may Allah be pleased with him) that the Prophet (peace be upon him) said:
Receive (teaching) from me, receive (teaching) from me. Allah has ordained a way for those (women). When an unmarried male commits adultery with an unmarried female (they should receive) one hundred lashes and banishment for one year. And in the case of a married male committing adultery with a married female, they shall receive one hundred lashes and be stoned to death.
It is authentically reported that
Abu Hurayrah and
Zayd ibn Khalid (may Allah be pleased with them) said:
"While we were with the Prophet (peace be upon him), a man stood up and said (to the Prophet peace be upon him): 'I beseech you by Allah, that you should judge us according to Allah's Laws.' Then, the man's opponent who was wiser than him, got up saying (to the Messenger of Allah): 'Judge us according to Allah's Law and kindly allow me (to speak).' The Prophet (peace be upon him) said: 'Speak.' He said: 'My son was a laborer working for this man and he committed illegal sexual intercourse with his wife, and I gave one-hundred sheep and a slave as ransom for my son's sin. Then, I asked some learned men about this case and they informed me that my son should receive one hundred lashes and be exiled for one year, and the man's wife should be stoned to death.' The Prophet (peace be upon him) said: 'By Him in Whose Hand my soul is, I will judge you according to the Laws of Allah. Your one hundred sheep and the slave are to be returned to you, and your son has to receive one hundred lashes and be exiled for one year. O
Unays! Go to the wife of this man, and if she confesses, then stone her to death.' Unais went to her and she confessed. He then stoned her to death."
Agreed upon by Imams Al-Bukhari and Muslim.
(Part No. 3; Page No. 360) Acting upon this ruling was authentically reported at the era of the Rightly-Guided Caliphs without any dispute. This proves that this Hadd was not abrogated, but it is a consensually agreed upon ruling before the emergence of
Al-Mu`tazilah. Therefore, the contradiction of those who contradicted this ruling was no more than a violation of the texts and Ijma` (consensus). It was authentically reported on the authority of
Ibn `Abbas (may Allah be pleased with him) that
`Umar ibn Al-Khattab (may Allah be pleased with him) said:
“I fear the elapse of a long time for people, until someone may say, ‘We do not find the punishment of stoning in the Book of Allah.’ Thus, they go astray by abandoning an ordinance that Allah has revealed. Verily, stoning is a right, in the Book of Allah, over whoever commits adultery and is already married, if evidence is established, or there is pregnancy or confession.”
This Hadith is agreed upon by Imams Al-Bukhari and Muslim.
It was authentically reported that
`Aly (may Allah be pleased with him) said when he stoned a woman to death on Friday: "I stoned her to death according to the Sunnah of the Messenger of Allah (peace be upon him)." He said in another narration: "...And I flogged her according to the Qur'an." He said that in response to those who blamed him for gathering two Hadds; the flogging and stoning to death of the woman.