The Chapters on Legal Punishments

It was narrated from Abu Umamah bin Sahl bin Hunaif that: `Uthman bin 'Affan looked at them when they spoke of killing. He said: “Are they kill threatening to kill me? Why would they kill me? I heard the Messenger of Allah (ﷺ) say: “It is not lawful to shed the blood of a Muslim except in one of three (cases): a man who commits adultery when he is a married person, then he should be stoned; a man who kills a soul not in retaliation for murder; and a man who apostatizes after becoming Muslim.' By Allah (SWT), I never committed adultery either during Ignorance days nor in Islam, and I have never killed a Muslim soul, and I have not apostatized since I became Muslim.”

It was narrated from 'Abdullah, who is Ibn Mas`ud, that the Messenger of Allah (ﷺ) said: “It is not lawful to shed the blood of a Muslim who bears witness that none has the right to be worshiped but Allah (SWT), and that I am the Messenger of Allah (ﷺ), except in one of three cases: a soul for a soul; a married person who commits adultery, and one who leaves his religion and splits from the Jama`ah.”

It was narrated from Ibn`Abbas that the Messenger of Allah (ﷺ) said: “Whoever changes his religion, execute him.”

It was narrated from Bahz bin Hakim, from his father, from his grandfather that the Messenger of Allah (ﷺ) said: “Allah (SWT) will not accept any good deed from a polytheist who committed polytheism after having become Muslim, until he leaves the polytheists and joins the Muslims.”

It was narrated from Ibn `Umar that the Messenger of Allah (ﷺ) said: “Carrying out one of the legal punishments prescribed by Allah (SWT) is better than if it were to rain for forty nights in the land of Allah (SWT), Glorified is He.”

It was narrated from Abu Hurairah that the Messenger of Allah (ﷺ) said: “A legal punishment that is carried out in the land is better for the people of that land than if it were to rain for forty days.”

It was narrated from Ibn`Abbas that the Messenger of Allah said: “Whoever denies a Verse of the Qur'an, it is permissible to strike his neck (i.e., execute him) Whoever says, Lailaha illallahu wahduhu la sharika lahu, wa anna Muhammadan `abduhu wa rasuluhu (None has the right to be worshiped but Allah (SWT) alone, and Muhammad (ﷺ) is His slave and Messenger), no one has any was of harming him, unless he (does something which) deserves a legal punishment, and it is carried out on him.”

It was narrated from `Ubadah bin Samit that the Messenger of Allah (ﷺ) said: “Carry out the legal punishments on relatives and strangers, and do not let the fear of blame stop you from carrying out the command of Allah (SWT).”

It was narrated that 'Abdul-Malik bin`Umair said: “I heard 'Atiyyah Al-Quazi say: 'We were presented to the Messenger of Allah (ﷺ) on the Day of Quraizah. Those whose public hair had grown were killed, and those whose public hair had not yet grown were let go. I was one of those whose pubic hair had not yet grown, so I was let go.”

It was narrated that 'Abdul-Malik bin 'Umair said: “I heard 'Atiyyah Al-Qurazi say: Here I am still among you,' ”

It was narrated that Ibn`Umar said: “I was presented to the Messenger of Allah (ﷺ) on the day of Uhud, when I was fourteen years old, but he did not permit me (to fight). I was presented to him on the Day of Khandaq when I was fifteen years old, and he permitted me (to fight).' ”

It was narrated from Abu Hurairah that the Messenger of Allah (ﷺ) said: “Whoever covers (the sin of) a Muslim, Allah will cover him (his sin) in this world and in the Hereafter.”

It was narrated from Abu Hurairah that the Messenger of Allah (ﷺ) said: “Ward off the legal punishments as much as you can.”

It was narrated from Ibn `Abbas that the Prophet (ﷺ) said: “Whoever conceals the (hidden) fault of his Muslim brother, Allah (SWT) will conceal his faults on the Day of Resurrection. Whoever exposes the fault of his Muslim brother, Allah will expose his faults, until (so that) He shames him, due to it, in his (own) house.”

It was narrated from 'Aishah : that Quraish became concerned about the case of the Makhzumi woman who had stolen, and they said: “Who will speak to the Messenger of Allah (ﷺ) concerning her?” They said: “Who would dare to do that other than Usamah bin Zaid, the beloved of the Messenger of Allah (ﷺ)?” So Usamah spoke to him, and the Messenger of Allah (ﷺ) said, “Are you interceding concerning one of the legal punishments of Allah (SWT)?“ Then he stood up and addressed (the people) and said: “O people! Those who came before you were only destroyed because when one of their nobles stole, they let him off, but when one of the weak people among them stole, they would carry out the punishment on him. By Allah, if Fatimah the daughter of Muhammad were to steal, I would cut off her hand.” (Sahih)(One of the narrators) Muhammad bin Rumh said: “I heard Laith bin Sa'd say: 'Allah(SWT) protected her (Fatimah) from stealing, and every Muslim should say this.'”

It was narrated from 'Aishah bin Mas'ud bin Aswad, that her father said: “When the woman stole the Qatifah from the house of the Messenger of Allah (ﷺ), we regarded that as a serious matter. She was a woman from Quraish. So we came to the Prophet (ﷺ) and spoke to him, and said: 'We will ransom her for forty Uqiyyah.' The Messenger of Allah (ﷺ) said: 'Purification is better for her.” When we heard the Messenger of Allah (ﷺ) speak so kindly, we went to Usamah and said: 'Speak to the Messenger of Allah (ﷺ) .' When the Messenger of Allah (ﷺ) saw that, he stood up to speak and said: 'How much do you intercede with me concerning one of the legal punishments of Allah (SWT) that has befallen one of the female slaves of Allah (SWT)! By the One in Whose Hand is the soul of Muhammad, if Fatimah the daughter of the Messenger of Allah (ﷺ) were to do what she has done, Muhammad would cut off her hand.”

It was narrated that Abu Hurairah, Zaid bin Khalid and Shibl said: “We were with the Messenger of Allah (ﷺ) and a man came to him and said: 'I adjure you by Allah (SWT) to judge between us according to the Book of Allah (SWT).' His opponent, who was more knowledgeable than him, said: 'Judge between us according to the Book of Allah (SWT), but let me speak first.' He said: 'Speak.' He said: 'My son was a servant of this man, and he committed adultery with his wife, and I ransomed him for one hundred sheep and a servant. I asked some men of knowledge and I was told that my son should be given one hundred lashes and exiled for a year, and that the wife of this man should be stoned.” The Messenger of Allah (ﷺ) said: 'By the One in Whose Hand is my soul, I will judge between you according to the Book of Allah (SWT). The one hundred sheep and the servant are to be returned to you and your son is to be given one hundred lashes and exiled for a year. Go tomorrow, O Unais, to the wife of this man and if she admits I then stone her.'”

It was narrated from `Ubadah bin Samit that the Messenger of Allah (ﷺ) said: “Learn from me. Allah (SWT) has ordained for them (women) another way. (If) a virgin (commits illegal sexual intercourse) with a virgin, (the punishment is) one hundred lashes and exile for one year. (If) a Thayyib (commits adultery) with a Thayyib (the punishment is) one hundred lashes and stoning.”

It was narrated that Habib bin Salim said: “A man who had intercourse with the slave woman of his wife was brought to Nu`man bin Bashir. He said: 'I will pass no other judgement than that of the Messenger of Allah (ﷺ) He said: 'If (his wife) had made her lawful for him, then I will give him one hundred lashes, but if she has not given permission, I will stone him.' ”

It was narrated from Salamah bin Muhabbiq that: the case of a man who had intercourse with the slave woman of his wife was referred to the Messenger of Allah (ﷺ), and he did not stipulate any legal punishment for him.

It was narrated from Ibn`Abbas that `Umar bin Khattab said: “I fear that after a long time has passed, some will say: 'I do not find (the sentence of) stoning in the Book of Allah (ﷺ),' and they will go astray by abandoning one of the obligations enjoined by Allah (SWT). Rather stoning is a must if a man is married (or previously married) and proof is established, or if pregnancy results or if he admits it. I have read it (in the Quran). “And if an old man and an old woman commit adultery, stone them both.” The Messenger of Allah (ﷺ) stoned (adulterers) and we stoned (them) after him.' ”

It was narrated that Abu Hurairah said: “Ma`iz bin Malik came to the Prophet (ﷺ) and said: 'I have committed fornication,' and he (the Prophet (ﷺ)) turned away from him. He said: 'I have committed fornication,' and he turned away from him. Then, he said: I have committed fornication, and he turned away from him, until when he had confessed four times, he ordered that he should be stoned. When he was being struck with the stones, he ran away, but a man caught up with him who had a camel's jawbone in his hand; he struck him and he fell down. The Prophet (ﷺ) was told about how he fled when the stones hit him and he said: 'Why did you not let him be?'”

It was narrated from `Imran bin Husain that : a woman came to the Prophet (ﷺ) and confessed to committing fornication. He issued orders, and her garments were tightened around her (so that her private parts would not become uncovered) then he stoned her, then he offered the funeral prayer for her.

It was narrated from Ibn`Umar: The Prophet (ﷺ) stoned two Jews, and I was among those who stoned them. I saw (the man) trying to shield (the woman) from the stones.”

It was narrated from Jabir bin Samurah that : the Prophet (ﷺ) stoned a Jewish man and a Jewish woman.

It was narrated that Bara' bin Azib said: “The Messenger of Allah (ﷺ) passed by a Jew with a blackened face who had been flogged. He called them and said: 'Is this the punishment for the adulterer that you find in your Book?' They said: 'Yes.' Then he called one of their scholars and said: 'I adjure you by Allah (SWT) Who sent down the Tawrah (Torah) to Musa! Is this the punishment for the adulterer that you find in your Book?' He said: 'No; if you had not adjured me by Allah (SWT), I would not have told you. The punishment for the adulterer that we find in our Book is stoning, but many of our nobles were being stoned (because of the prevalence of adultery among them), so if we caught one of our nobles (committing adultery), we would let him go; but if we caught one of the weak among us, we would carry out the punishment on him. We said: “Come, let us agree upon something that we may impose on both noble and weak alike.” So we agreed to blacken the face and whip them, instead of stoning.' The Prophet (ﷺ) 'O Allah (SWT), I am the first of those who revive your command which they had killed off,' and he issued orders that (the man) be stoned.”

It was narrated from Ibn`Abbas that the Messenger of Allah (ﷺ) said: “If I were to stone anyone without proof, I would have stoned so-and-so, for there is obviously doubt concerning her speech, her appearance and those who enter upon her.”

It was narrated that Qasim bin Muhammad said: “Ibn `Abbas mentioned two people who had engaged in the process of Li`an. Ibn Shaddad said to him: 'Is this the one of whom the Messenger of Allah (ﷺ) said: “If I were to stone anyone without proof I would have stoned so-and-so.” Ibn`Abbas said: 'No, that was a woman who, (although she was a Muslim), used to expose herself.'”

It was narrated from Ibn`Abbas that the Messenger of Allah (ﷺ) said: “Whoever you find doing the action of the people of Lut, kill the one who does it, and the one to whom it is done.”

It was narrated from Abu Hurairah that the Prophet (ﷺ) said concerning those who do the action of the people of Lut: “Stone the upper and the lower, stone them both.”