Hudud

“Speak.” He said, ‘My son was a laborer working for that man (the Bedouin) and he committed illegal sexual intercourse with his wife, and I was informed that my son deserved to be stoned to death (as punishment for this offence). I ransomed him with one hundred sheep and a slave girl.

But when I asked the knowledgeable people they told me that my son should receive a hundred lashes and be exiled for a year, and the man’s wife should be stoned to death.

The Messenger of Allah (sallallahu alayhi wa sallam) replied, ‘By Him in Whose Hands my soul is, I shall judge between you according to the Law of Allah (i.e. His Book). The slave girl and the sheep are to be returned to you. As for your son, he has to receive one hundred lashes and be exiled for a year. O Unais! Go to this man’s wife, and if she confesses, then stone her to death.’ Agreed upon, and this is Muslim’s version.’

“Receive from me (this revelation), receive from me (this revelation). Allah has ordained a way for those women (unmarried females who committed adultery). When an unmarried man, commits adultery with an unmarried woman, they should receive one hundred lashes and be exiled for a year. If they (fornicate while they) were married, they shall receive hundred lashes and be stoned to death. Reported by Muslim.”

“Take him away and stone him (to death).” Agreed upon.

‘When Maiz came to the Prophet (sallallahu alayhi wa sallam) (admitting that he had committed adultery), he said to him, ‘Perhaps you have just kissed, or touched or looked (at the woman).’ Maiz said,’No, O Messenger of Allah. Related by Al-Bukhari.

Umar ibn al-Khattab (RAA) narrated that he addressed the people and said, ‘Verily Allah has sent Muhammad with the Truth and sent down the Book to him, and the verse of stoning was included in what Allah sent down. We recited, memorized and comprehended it. The Messenger of Allah (sallallahu alayhi wa sallam) accordingly (to what was in the verse) stoned to death (whoever committed adultery while being married), and we stoned after his death.

But I am afraid that after a long time passes, someone may say, ‘We do not find the Verses of stoning in Allah’s Book, and thus they may go astray by abandoning an obligation that Allah has sent down. Verily, stoning is an obligation in the Book of Allah to be inflicted on married men and women who commit adultery, when their crime is proven, evident by pregnancy, or through the confession (of the adulterer).’ Agreed upon.’

‘I heard the Messenger of Allah (sallallahu alayhi wa sallam) say, ‘When the slave-woman of one of you commits adultery and she is proven guilty (through witnesses or confession), he should flog her as prescribed (for the slave woman), but he should not admonish her. If she does this again, then she should be flogged again but he should not admonish her.

If she commits it for the third time, and she is proven guilty, then he must sell her even if it was for a rope of hair.’ Agreed upon, and the wording is from Muslim.’

“Inflict the prescribed punishment to those whom you possess (i.e. your slaves).” Related by Abu Dawud. And it is related by Muslim (but only traced to the Companion).

Imran ibn Husayn (RAA) narrated, ‘A woman from Juhainah came to the Prophet (sallallahu alayhi wa sallam) while she was pregnant due to committing adultery and said, ‘O Messenger of Allah! I have done something for which a prescribed punishment is to be inflicted, so please inflict it on me. The Messenger of Allah (sallallahu alayhi wa sallam) called her guardian and said, ‘Be good to her, and when she delivers bring her back to me.’

Her guardian brought her back when she had delivered and the Messenger of Allah (sallallahu alayhi wa sallam) gave his commands and her clothes were tied around her and then the Prophet (sallallahu alayhi wa sallam) gave his commands and she was stoned to death. The Messenger of Allah (sallallahu alayhi wa sallam) offered funeral prayer for her and thereupon Umar said, ‘O Messenger of Allah!

You offer funeral prayer for her even though she committed adultery?’ The Messenger of Allah (sallallahu alayhi wa sallam) replied, ‘She has offered such a repentance (for her sin) that if it was divided between seventy of the inhabitants of Madinah, it would be sufficient for them. Have you found such repentance better than sacrificing her life for the sake of Allah, the Almighty?’ Related by Muslim.’’

“The Messenger of Allah (sallallahu alayhi wa sallam) stoned a man from Aslam to death, a Jewish man and a woman. Related by Muslim.”

The story of stoning the two Jews is mentioned in Al-Bukhari and Muslim on the authority of Ibn Umar

‘A small weak man was staying in our tribe, and he committed adultery with one of their slave-women. Sad mentioned this to the Messenger of Allah (sallallahu alayhi wa sallam), and thereupon he said, ‘Flog him (according to) the prescribed penalty.’

The people then said, ‘O Messenger of Allah! He is too weak to bear it.’ The Messenger of Allah (sallallahu alayhi wa sallam) then said, ‘Get a stalk of the raceme of a palm tree with a hundred twigs and strike him just once.’ So, they did. Related by Ahmad, An-Nasai and Ibn Majah with a good chain of narrators.’

“Whoever you find doing as the people of Lot did (i.e. homosexuality), kill the one who does it and the one to whom it is done, and if you find anyone having sexual intercourse with animal, kill him and kill the animal.” Related by Ahmad and the four Imams with a trustworthy chain of narrators.

“The Messenger of Allah (sallallahu alayhi wa sallam) applied the punishment of flogging and also that of exile, Abu Bakr (RAA) applied the punishments of flogging and exile and also Umar applied them.” Related by At-Tirmidhi with a trustworthy chain of narrators, but scholars differed over its being traced back to the Prophet (sallallahu alayhi wa sallam) or only to the companion.

“The Messenger of Allah (sallallahu alayhi wa sallam) cursed men who are effeminate and women who take the similitude of men, and said, ‘Get them out of your homes.’ Related by Al-Bukhari.”

“Avert the infliction of the prescribed punishment as long as you find a way out (i.e. to avoid their infliction). Related by Ibn Majah with a weak chain of narrators.”

“Avert infliction of the prescribed punishment on the Muslims as much as you can.” It is also a weak hadith.

‘Avert the prescribed punishment by rejecting doubtful evidence.’

“Avoid these filthy practices which Allah, the Almighty has prohibited. He who commits any of these, should conceal with Allah’s Most High Veil (i.e. should not speak about it), and should turn to Allah, the Most High in repentance, for if anyone uncovers his hidden sins (to us), we shall inflict on him the punishment prescribed by Allah, the Al-Mighty.” Related by Al-Hakim and in Al-Muwatta but traced to its narrator Zaid ibn Aslam as hadith Mursal.

Aishah (RAA) narrated, ‘When my vindication was revealed, the Prophet (sallallahu alayhi wa sallam) mounted the pulpit and mentioned what happened and recited the verses of the Quran (which had been revealed). When he came down from the pulpit he ordered that two men and a women should be given the prescribed flogging (for this false accusation of Aishah (RAA) which is eighty lashes).’ Related by Ahmad and the four Imams. Al-Bukhari refereed to it.

“The first Lian that took place in Islam was when Hilal ibn Umaiyah accused his wife of having committed adultery with Shuraik ibn Sahma.” Thereupon the Messenger of Allah (sallallahu alayhi wa sallam) said to him, “Either you produce evidence (for your claim) or you will receive punishment on your back (i.e. flogged for your accusation of it is false.” (refer to hadith no.1138). Related by Abu Yala with a trustworthy chain of narrators.

Al-Bukhari related a similar hadith on the authority of Ibn Abbas (RAA).

Abdullah ibn Amir ibn Rabiah narrated, ‘I witnessed the time of Abu Bakr, Umar and Uthman (RAA), and those who came after them. I never saw them flogging a slave for Qadhf (false accusation of adultery) except forty lashes.’ Related by Malik, and Ath-Thawri in his book al-Jami.

“He who accuses his slave of committing adultery (without proof) will be punished with the prescribed penalty on the Day of Resurrection unless it is (true) as he said.” Agreed upon.

“A thief’s hand should not be cut off except for a quarter of a Dinar or more.” Agreed upon and the wording is from Muslim. The version of Al-Bukhari reads, ‘The hand of a thief is to be cut off for a quarter of a Dinar or more.’

In a version by Ahmad, “Cut off a thief’s hand for a quarter of Dinar, and do not cut it off for what is less than that.”

The Messenger of Allah (sallallahu alayhi wa sallam) cut off the hand of a thief for stealing a shield that was worth three Dirhams. Agreed upon.

“May Allah curse the thief who steals an egg for which his hand is cut off, or steals a rope for which his hand is to be cut off.” Agreed upon.

Aishah (RAA) narrated, ‘the Messenger of Allah (sallallahu alayhi wa sallam) said (to Usamah ibn Zayd), ‘Are you interceding with regards to one of Allah’s prescribed penalties?’ Then he got up and addressed the people saying, ‘O People! What destroyed the nations before you, was that when a noble person committed theft, they used to leave him (without punishment), but if a weak person among then committed theft, they would inflict the legal punishment on him’ Agreed upon and the wording is from Muslim. Muslim has another version on the authority of Aishah (RAA) who said, ‘A woman used to borrow (people’s) belongings and deny having taken them, so the Prophet (sallallahu alayhi wa sallam) ordered that her hand be cut off.’’

“There is no cutting of the hand for the treacherous, for snatching (like the one who snatches and runs away), or for forcibly seizure (looting or robbery).” Related by Ahmad and the four Imams. At-Tirmidhi and Ibn-Hibban graded it as Sahih.

‘I heard the Messenger of Allah (sallallahu alayhi wa sallam) say, ‘There is no cutting off of a hand for taking fruit or the pith of a palm tree.’ Related by Ahmad and four Imams. At-Tirmidhi and Ibn Hibban graded it as Sahih.’

‘A thief who has made a confession was brought to the Messenger of Allah (sallallahu alayhi wa sallam) but no goods were found with him. The Messenger of Allah (sallallahu alayhi wa sallam) said to him, ‘I do not think you have stolen!’

The man replied, ‘Yes I have.’ The Prophet (sallallahu alayhi wa sallam) repeated it to him twice or thrice, so he gave his commands concerning him, and his hand was cut off. He was then brought to the Messenger of Allah (sallallahu alayhi wa sallam) who said to him, ‘Ask forgiveness of Allah and turn to Him in repentance.’

The man said, ‘I ask Allah’s forgiveness and turn to Him in repentance.’ The Messenger of Allah (sallallahu alayhi wa sallam) then said three times, ‘O Allah! forgive him.’ Related by Abu Dawud, Ahmad and An-Nasai with a trustworthy chain or narrators, and it is Abu Dawud’s version.’

“Take him away and cut off his hand and cauterize him.” Al-Bazzar transmitted the same hadith but commented that its chain of narrators is not sound.

“A thief is not to be fined if the prescribed punishment has been inflicted on him.” Related by An-Nasai who said that its chain of narrators is disconnected.

Abdullah ibn ‘Amro bin al-‘As (RAA) narrated, ‘The Messenger of Allah (sallallahu alayhi wa sallam) was asked about dated which are still hanging on the palm tree, he then said, ‘If a needy person eats some dates, but without taking a supply away in his garment, he is not to be blamed, but if anyone takes away any of it, he is to be fined and punished.

And if anyone takes away any of it (the dates) after it has been put in the place where it is going to be dried, and it amounts to the price of a shield, he must have his hand cut off.’ Related by Abu Dawud and An-Nasai. Al-Hakim graded it as Sahih.’’’

‘When the Messenger of Allah (sallallahu alayhi wa sallam) commanded that the thief who had stolen his cloak (i.e. Safwan’s) should have his hand cut off. Safwan wanted to intercede, for the thief’s hand not to be removed. Thereupon the Messenger of Allah (sallallahu alayhi wa sallam) said to him, ‘Why didn’t you do so before bringing him to me?’ Related by Ahmad, the four Imams, and Al-Hakim graded it as Sahih.’

“Kill him.” Related by Abu Dawud and An-Nasai who regarded it as Munkar (a type of weak hadith).

Ab-Nasai also reported a similar hadith on the authenticity of Al-Harith ibn Hatib. Ash-Shafii mentioned that the killing in the fifth time (of stealing) is abrogated.

‘A man who had drunk wine was brought to the Prophet (sallallahu alayhi wa sallam) and he commanded that the man should be beaten (lashed). The man was given about forty lashes with two palm branches. Anas added, Abu Bakr (RAA) did the same, but when Umar (RAA) became the Caliph, he consulted the people and Abdur Rahman ibn Auf said, ‘The mildest punishment for drinking is eighty (lashes).’ So, Umar (RAA) gave his commands accordingly. Agreed upon.’

Muslim transmitted on the authority of Ali (RAA) concerning the story of al-Walid ibn Uqbah that the Messenger of Allah (sallallahu alayhi wa sallam) inflicted forty lashes, Abu Bakr (RAA) forty lashes and Umar (RAA) eighty. All of them are in accordance with the Sunnah of the Prophet (sallallahu alayhi wa sallam) but this one (the eighty lashes) is preferable to me.

‘He would not have vomited it, unless that he had drunk it.’

The Messenger of Allah (sallallahu alayhi wa sallam) said regarding the one who drinks alcohol, ‘If he drinks (for the first time) flog him, then if he drinks for the second time flog him, then if he drinks for the third time flog him then if he drinks for the fourth time you should kill him.’ Related by Ahmad and the wording is his. It is also transmitted by the four Imams.

At-Tirmidhi mentioned what indicates that it is abrogated, but Abu Dawud reported it clearly on the authority of Az-Zuhari.

“When one of you is flogging (while inflicting a prescribed punishment) he should avoid the face.” Agreed upon.

“Prescribed punishments are not to be inflicted in mosques.” Related by At-Tirmidhi and Al-Hakim.

‘Allah sent down the verses stating the prohibition of alcohol when there was no other beverage to drink in Madinah except that prepared from dates (wine of dates).’ Related by Muslim.

Umar (RAA) narrated, ‘When the prohibition of Khamr (alcoholic drinks) was revealed, it used to be made from grapes, dates, honey, wheat and barley. Khamr is what shields one’s mind’ Agreed upon.

“Every intoxicant is Khamr, and every intoxicant is prohibited.” Related by Muslim.

“If a large quantity of any beverage intoxicates, then a small amount of it is prohibited.” Related by Ahmad and the four Imams. Ibn Hibban graded it as Sahih.

‘Raisins used to be soaked for the Messenger of Allah (sallallahu alayhi wa sallam) in a water skin, and he would drink it that day, the next day and the following day. When it was the evening of the third day, he would drink it and give some to others. If anything was left from it, he would spill it.’ Related by Muslim.

“Allah did not make your cure in what He made Haram (unlawful) to you.” Related by Al-Baihaqi and graded as Sahih by Ibn Hibban.

Tariq ibn Suwaid asked the Messenger of Allah (sallallahu alayhi wa sallam) about Khamr which he made only to be used as a medicine. The Prophet (sallallahu alayhi wa sallam) replied, “It is not a medicine, it is a disease.” Related by Muslim and Abu Dawud.

He heard the Messenger of Allah (sallallahu alayhi wa sallam) say, “No more than ten lashes are to be given except when inflicting one of the Hudud (prescribed punishments) of Allah.” Agreed upon.

“Forgive the people with high moral values when they slip but not what calls for the infliction of Hudud.” Related by Ahmad, Abu Dawud, An-Nasai and Al-Baihaqi.

Ali (RAA) narrated, ‘I would not blame myself for the death of a man when I inflicted prescribed punishment on him, with the exception of one who drunk Khamr, for if he were to die, I would pay Diyah for him.’

“Whoever is killed while protecting his property, he is a martyr.” Related by the four Imams and At-Tirmidhi graded it as Sahih.

‘I heard the Messenger of Allah (sallallahu alayhi wa sallam) say, ‘There will be times of Fitan, so O slave of Allah be in it the one who is killed and do not be the killer.’ Related by Abu Khaithamah and Ad-Daraqutni.’

Ahmad transmitted a similar hadith on the authority of Khalid ibn ‘Urfutah.’