Q 10: Someone denies the penalty of stoning to death and claims that the Prophet (peace be upon him) applied this Hadd (Part No. 22; Page No. 27) before the revelation of Surah Al-Nur following the rulings of Tawrah (Torah), but after the revelation of this Surah he did not.

A: It is authentically established, verbally and in deeds, that under the Islamic Shari`ah a person who commits Zina (sexual intercourse outside marriage), if he is Muhsan (someone in a state of fortification against illegal sexual intercourse outside marriage by virtue of valid current or previous marriage), men and women alike, he is to be stoned. In practice, the Messenger of Allah (peace be upon him) stoned Ma`iz, the woman from the Ghamid tribe, and the Jewish man and woman who were Muhsan and committed Zina. It was authentically reported on the authority of `Ubadah ibn Al-Samit that the Prophet (peace be upon him) said, Learn from me. Learn from me. Allah has given them a way out. If an unmarried person commits Zina with an unmarried person, (the punishment is) one hundred lashes and exile for one year. If a married person commits Zina with a married person, (the punishment is) one hundred lashes and stoning. It was also authentically reported on the authority of Abu Hurayrah and Zayd ibn Khalid (may Allah be pleased with them) who said, While we were sitting with the Prophet (peace be upon him), a man stood saying, 'O Messenger of Allah, I adjure you by Allah to judge me according to the Book of Allah.' The other disputant – who was smarter – said, 'Yes, judge (Part No. 22; Page No. 28) between us according to the Book of Allah and give me permission to speak first.' The Messenger of Allah (peace be upon him) said, ‘Speak.’ He said, ‘My son was employed by this man, and he committed Zina with his wife. I tried to ransom him (my son) for one hundred sheep and a slave. I asked the people of knowledge and they told me that the punishment for my son would be one hundred lashes and exile for one year, and that this woman would be stoned.' The Messenger of Allah (peace be upon him) said, ‘By the One in Whose hand my soul is, I will judge between you according to the Book of Allah. The slave and sheep will be returned (i.e., there is no ransom), and your son is to be given one hundred lashes and exiled for one year. O Anas, go to the wife of this man and if she admits (this crime), stone her to death.’ So he went to her and she admitted and was stoned. (Agreed upon by Al-Bukhari and Muslim) Furthermore, during the lifetime of the Rightly-Guided Caliphs, there were incidents that proved stoning was applied and were never denied. It was not abrogated and was unanimously agreed upon before the appearance of Al-Khawarij (separatist group that believes committing a major sin amounts to disbelief) and Al-Mu`tazilah (a deviant Islamic sect claiming that those who commit major sins are in a state between belief and disbelief). Those who disagree with this view contradict the texts and Ijma` (consensus of scholars). It was authentically reported on the authority of Ibn `Abbas (may Allah be pleased with them) (Part No. 22; Page No. 29) from `Umar ibn Al-Khattab who said, I fear that there may come a time when some people say: 'We do not find the verse of stoning in the Book of Allah.’ So they will go astray by forsaking an obligation that Allah has revealed. According to the Book of Allah, stoning is the penalty of a person who commits Zina, if they are Muhsan, men and women alike, if proof is established or the woman becomes pregnant or they confess. (Agreed upon by Imams Al-Bukhari and Muslim) It was authentically reported from `Aly (may Allah be pleased with him) who said, upon stoning a woman on Friday, I stoned her according to the Sunnah of Allah's Messenger (peace be upon him). In another version, I lashed her according to Allah's Book. He said so in reply to those who denied applying the two penalties to her. (Part No. 22; Page No. 30) May Allah grant us success. May peace and blessings of Allah be upon our Prophet Muhammad, his family and Companions!