10. Hudud

Abu Hurairah and Zaid bin Khalid al-Juhani (RAA) narrated that a Bedouin came to the Prophet (ﷺ) and said, 'O Messenger of Allah! I beseech you by Allah, that you judge between us according to Allah's laws' The man's opponent who was wiser than him got up and said, 'Yes, judge between us according to Allah's Law and kindly allow me (to speak).' The Prophet (ﷺ) said: "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 (ﷺ) 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. 'Ubadah bin As-Samit (RAA) narrated that the Messenger of Allah (ﷺ) said: "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. Abu Hurairah (RAA) narrated, 'A Muslim man came to the Prophet (ﷺ) while he was in the mosque, and called him saying, 'O Messenger of Allah! I have committed adultery.' The Messenger of Allah (ﷺ) turned his face away from him, so the man came round (from the other side) towards his face and said, 'O Messenger of Allah! I have committed adultery.' The Messenger of Allah (ﷺ) again turned his face away from him, but the man repeated his statement four times. When he testified four times that he did it, the Messenger of Allah (ﷺ) called him saying, "Are you insane?" The man said, 'No.' The Messenger of Allah (ﷺ) then asked him, "Are you married?" The man answered, 'Yes.' The Messenger of Allah (ﷺ) said: "Take him away and stone him (to death)." Agreed upon. Ibn 'Abbas (RAA) narrated, 'When Ma'iz came to the Prophet (ﷺ) (admitting that he had committed adultery), he said to him, "Perhaps you have just kissed, or touched or looked (at the woman)." Ma'iz said,'No, O Messenger of Allah.' Related by Al-Bukhari. 'Umar bin 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 (ﷺ) 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. Abu Hurairah (RAA) narrated, 'I heard the Messenger of Allah (ﷺ) 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. 'Ali (RAA) narrated that the Messenger of Allah (ﷺ) said: "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 bin Husain (RAA) narrated, 'A woman from Juhainah came to the Prophet (ﷺ) 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 (ﷺ) 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 (ﷺ) gave his commands and her clothes were tied around her and then the Prophet (ﷺ) gave his commands and she was stoned to death. The Messenger of Allah (ﷺ) 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 (ﷺ) 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. Jabir bin 'Abdullah (RAA) narrated, "The Messenger of Allah (ﷺ) 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. Sa'id bin Sa'd bin 'Ubadah (RAA) narrated, 'A small weak man was staying in our tribe, and he committed adultery with one of their slave-women. Sa'd mentioned this to the Messenger of Allah (ﷺ), 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 (ﷺ) 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-Nasa'i and Ibn Majah with a good chain of narrators. Ibn 'Abbas (RAA) narrated that the Messenger of Allah (ﷺ) said: "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. Ibn 'Umar (RAA) narrated, "The Messenger of Allah (ﷺ) 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 (ﷺ) or only to the companion. Ibn 'Abbas (RAA) narrated, "The Messenger of Allah (ﷺ) 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. Abu Hurairah (RAA) narrated that the Messenger of Allah (ﷺ) said: "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. At-Tirmidhi and Al-Hakim transmitted on the authority of 'Aishah (RAA) with the wording, 'Allah's Messenger (ﷺ) said: "Avert infliction of the prescribed punishment on the Muslims as much as you can." It is also a weak hadith. Al-Baihaqi transmitted on the authority of 'Ali (RAA) that he said, 'Avert the prescribed punishment by rejecting doubtful evidence.' Ibn 'Umar (RAA) narrated that the Messenger of Allah (ﷺ) said: "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 bin Aslam as hadith Mursal. 'Aishah (RAA) narrated, 'When my vindication was revealed, the Prophet (ﷺ) 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. Anas bin Malik (RAA) narrated, "The first Li'an that took place in Islam was when Hilal bin Umaiyah accused his wife of having committed adultery with Shuraik bin Sahma.' Thereupon the Messenger of Allah (ﷺ) 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 Ya'la with a trustworthy chain of narrators. Al-Bukhari related a similar hadith on the authority of Ibn 'Abbas (RAA). 'Abdullah bin 'Amir bin Rabi'ah 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.' Abu Hurairah (RAA) narrated that the Messenger of Allah (ﷺ) said: "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. 'Aishah (RAA) narrated that Allah's Messenger (ﷺ) said: "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." Ibn 'Umar (RAA) narrated that the Messenger of Allah (ﷺ) cut off the hand of a thief for stealing a shield that was worth three Dirhams. Agreed upon. Abu Hurairah (RAA) narrated that the Messenger of Allah (ﷺ) said: "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, 'Allah's Messenger (ﷺ) said (to Usamah bin Zaid), "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 (ﷺ) ordered that her hand be cut off.' Jabir (RAA) narrated that the Messenger of Allah (ﷺ) said: "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. Rafi' bin Khudiaj (RAA) narrated, 'I heard the Messenger of Allah (ﷺ) 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. Abu Umaiyah al-Makhzumi (RAA) narrated, 'A thief who has made a confession was brought to the Messenger of Allah (ﷺ) but no goods were found with him. Allah's Messenger (ﷺ) said to him, "I do not think you have stolen!" The man replied, 'Yes I have.' The Prophet (ﷺ) 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 (ﷺ) 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 (ﷺ) then said three times, "O Allah! forgive him." Related by Abu Dawud, Ahmad and An-Nasa'i with a trustworthy chain or narrators, and it is Abu Dawud's version. Al-Hakim transmitted the same hadith on the authority of Abu Hurairah (RAA) giving similar meaning. The Messenger of Allah (ﷺ) said: "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. 'Abdur Rahman bin 'Auf (RAA) narrated that the Messenger of Allah (ﷺ) said: "A thief is not to be fined if the prescribed punishment has been inflicted on him." Related by An-Nasa'i who said that its chain of narrators is disconnected. 'Abdullah bin 'Amro bin al-'As (RAA) narrated, 'The Messenger of Allah (ﷺ) 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-Nasa'i. Al-Hakim graded it as Sahih. Safwan bin Umaiyah (RAA) narrated, 'When the Messenger of Allah (ﷺ) 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 (ﷺ) 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. Jabir (RAA) narrated, 'A thief was brought to the Prophet (ﷺ) and he said to them, "Kill him." The people said, 'He has just stolen O Messenger of Allah!' He then said, "Cut off his hand." He was brought to him the second time and the Messenger of Allah (ﷺ) also said, "Kill him." They said the same and the Messenger of Allah (ﷺ) said to them, 'Cut off his hand." The same man was brought a third time and a fourth time and same was said. When they brought him the fifth time, the Messenger of Allah (ﷺ) said: "Kill him." Related by Abu Dawud and An-Nasa'i who regarded it as Munkar (a type of weak hadith). Ab-Nasa'i also reported a similar hadith on the authenticity of Al-Harith bin Hatib. Ash-Shafi'i mentioned that the killing in the fifth time (of stealing) is abrogated. Anas bin Malik (RAA) narrated, 'A man who had drunk wine was brought to the Prophet (ﷺ) 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 bin '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 bin 'Uqbah that the Messenger of Allah inflicted forty lashes, Abu Bakr (RAA) forty lashes and 'Umar (RAA) eighty. All of them are in accordance with the Sunnah of the Prophet (ﷺ) but this one (the eighty lashes) is preferable to me. In this hadith also a man witnessed that he had seen him vomiting wine, 'Uthman (RAA) said: 'He would not have vomited it, unless that he had drunk it.' Mu'awiyah (RAA) narrated that the Messenger of Allah (ﷺ) 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. Abu Hurairah (RAA) narrated that the Messenger of Allah (ﷺ) said: "When one of you is flogging (while inflicting a prescribed punishment) he should avoid the face." Agreed upon. Ibn 'Abbas (RAA) narrated that the Messenger of Allah (ﷺ) said: "Prescribed punishments are not to be inflicted in mosques." Related by At-Tirmidhi and Al-Hakim. Anas (RAA) narrated, '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. Ibn 'Umar (RAA) narrated that the Messenger of Allah (ﷺ) said: "Every intoxicant is Khamr, and every intoxicant is prohibited." Related by Muslim. Jabir (RAA) narrated that the Messenger of Allah (ﷺ) said: "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. Ibn 'Abbas (RAA) narrated, 'Raisins used to be soaked for the Messenger of Allah (ﷺ) 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. Umm Salamah (RAA) narrated that the Messenger of Allah (ﷺ) said: "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. Wa'il Al-Hadrami narrated that Tariq bin Suwaid asked the Messenger of Allah (ﷺ) about Khamr which he made only to be used as a medicine. The Prophet (ﷺ) replied, "It is not a medicine, it is a disease." Related by Muslim and Abu Dawud. Abu Burdah Al-Ansari (RAA) narrated that he heard the Messenger of Allah (ﷺ) say, "No more than ten lashes are to be given except when inflicting one of the Hudud (prescribed punishments) of Allah." Agreed upon. 'Aishah (RAA) narrated that Allah's Messenger (ﷺ) said: "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-Nasa'i 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.' Sa'id bin Zaid (RAA) narrated that the Messenger of Allah (ﷺ) said: "Whoever is killed while protecting his property, he is a martyr." Related by the four Imams and At-Tirmidhi graded it as Sahih. 'Abdullah bin Khabbab (RAA) narrated, 'I heard my father say: 'I heard the Messenger of Allah (ﷺ) 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 bin 'Urfutah.