Q 4: What is the ruling on
someone who does not participate in stoning the committer of Zina (sexual intercourse outside marriage) to death, claiming to have mercy on them
or to be unable to do it?
A:
It is not obligatory for all those present to stone the committer of Zina to death. However, those who do not participate out of compassion or clemency for the person are sinners. Allah (Exalted be He) says:
The fornicatress and the fornicator, flog each of them with a hundred stripes. Let not pity withhold you in their case, in a punishment prescribed by Allâh, if you believe in Allâh and the Last Day. And let a party of the believers witness their punishment.
May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.