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Hudud punishments - Stoning the Adulterer - the details

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Old 05-19-2009, 06:48 PM
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Default Hudud punishments - Stoning the Adulterer - the details

:



People who dont admit sin without witnesses = no punishment in this life, but they are still liable to punishment in the next life.



Bulugh Al Maraam hadith1035.

If any of your women are guilty of lewdness, Take the evidence of four (Reliable) witnesses from amongst you against them; and if they testify, confine them to houses until death do claim them, or Allah ordain for them some (other) way. [Quran 4:15]
Ubadah ibn Samit heard Allah's Messenger say [translation of meaning]: Allah has made a way out for them [people locked in house/jail for life - if 4 witnesses saw them .;

also see;
Tafsir.com Tafsir Ibn Kathir


Their way out =

100 lashes for never been married male and female (with the addition of male expelled for 1 year if he had never been married before.)


Rajm/Stoning for someone whose married or has been married if 4 believing witnesses saw it, or admitted to their crime, or pregnancy.



hadith 1036. Aba harairah bukhari and muslim.

Man said 4 times i did zina. Allah's Messenger asked, "are you majnun [mad?]". "no." he said. "are you married [or have u been married before]?" Yes. then he was stoned.

we learn; a mentally ill mad person who doesn't know what he's doing isn't punished, because he's not responsible for his actions (although mad people shouldn't be left in society to cause harm.) Because according to other ahadith, the pen is lifted from 3 types of people; the boy before he gets a wetdream (and the girl before her menstruation), the majnun [madman] until he gets his sanity again, and the one whose asleep until they wake up.


hadith 1037. Ibn abbas hadith.
A man said he had done a crime related to a non mahram woman.
Allah's Messenger replied like; "maybe you looked at her, or just kissed her, or touched her [these are different types of zina but not the major zina].

He did this to avoid him admitting his sin, so he could avoid punishment without explicitly mentioning he did major zina.

We learn that the judge should try to avoid taking the confession out of him and try to give him excuses. however, if he confesses - then the judge is compelled to make a decision.



hadith 1038. Umar ibn Al Khattab was giving khutbah and mentioned that he was scared because people will not follow the law of rajm [stoning the married/divorced] adulterer because it has been abrogated in recitation, although we (the companions) and the Messenger of Allah did it (stoned the married adulterer).



1039; Abu Hurairah Bukhari and Muslim.

Right hand possess (slave girl) - if she commits fornication, she should be lashed 40 (or 50, not sure - read the ahadith below) times (not 100) [because a slaves blood value is half of a free person because they are not free i.e. a free believers blood money is 100 camels or of equal value, and a slaves is 50 camels or of equal value - so the punishment is half for them too.]

Once the person has recieved a punishment expiating their sin, they cannot be admonished or reminded of their sin by anyone else, since their sin has been expiated [forgiven]. By admonishing the person or shouting at them, or reminding them of that sin is another form of punishment, and this is not allowed (because 2 separate punishments for a crime is not allowed, unless stated so in the religion.)

If the slave girl does it again, then again - she should recieve 40 (or 50, not sure) lashes.

If she does it again, sell her for a really low price since she's not worth being yours.




Hudud on 1040 hadith, narrated ali (sahih, mawquf [a sahabi statement only].

Exercise hudud punishment [like normal free person] on right handed slave if she does zina.



1041. Imran ibn Husein.

woman from Juhain pregnant from zina.

"I commit a hadd, so exercise punishment on me". she said to Allah's Messenger.

Allah's Messenger called her wali [guardian] and said to him to be good to her, and to treat her well, due to her knowledge of the great sin she had committed.

She would be stoned after she delivered the child.

On the day she was going to be stoned, Allah's messenger told his companions to cover her properly with proper clothing (fa shudat alayha i.e. properly so the clothes dont fall off) so she has covering clothing so she does not show her 'awrah [i.e. body] when she is being stoned (out of respect for her.)

After this, Allah's Messenger prayed janazah for her (the prayer when a Muslim dies.)

Umar ibn Khattab said that she is a major sinner, how can you pray for her? Allah's Messenger told that her repentance was so sincere that it would cover 70 people, or all of the people of Medinah.

This hadith shows that a major sinner is not a disbeliever (like some sects believe i.e. Khawarij) believe. When someone is given a punishment of hudud in this life, then they are not accountable for it on Judgment Day because their sin has been expiated.



1042. Jabir ibn Abdallah. Sahih.
Hudud punishments are for ALL people under islamic state. muslims and non muslims.



1043. Saeed ibn sa'd ibn ubada narrated. in Ahmad, Nasa'i, ibn Majah and its Hasan [good].
A small and weak man (who had never been married before) did zina/fornication with a slave woman. Allah's Messenger was informed by the sahabah and they explained he's a small and weak man. They implied that if he gets punished with 100 lashes, he'll be killed.

If his illness was only temporary, then the judge would wait to apply the punishment until he gets better.
But if he was ill or weak for all his life, it was permanent, then the following punishment would apply;

They got 100 palm tree branches, and hit them on the weak man in one Hit. To equal 100 lashes.



hadith 1044. Ibn Abas. sahih.

Punishment of someone who does the act of the people of Lut [Homosexuality], then the one who did it, and the one who its done to - both face death.

If someone does it to an animal, the one who does it, and the animal it's done to face death.



1045.

Allah's Messenger and abu bakr ordered 100 lashes for the non previously married fornicator, and exhile for one year [for the males who do so].


1046. Allah's Messenger cursed the men who imitate women [muhanath], and women who imitate men [mutarajila]. He ordered that they be removed from your houses (i.e. you don't live with them.)


1047. is a weak hadith, so it wasn't discussed.


1048. The last hadith of the chapter. Ibn Umar, Sahih in al Haakim.
Allah's Messenger ordered the believers to conceal their sins with Allah's veil of Mercy, and to repent.

So don't show off your sin, because if your sin is taken towards the judge/muslim leader, he will have to exercise the punishment on you.



Allah knows best.
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Old 05-19-2009, 06:49 PM
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Default Re: Hudud punishments - Stoning the Adulterer

asalaam alaikum


I'll try to find the text from Bulugh al Maraam insha Allah, in a little while :)


the ahadith numbers differ by the way, maybe due to publication or something.
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Old 05-19-2009, 08:03 PM
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Default Re: Hudud punishments - Stoning the Adulterer - the details

Salam

Great read, just one Q:
Quote:
If someone does it to an animal, the one who does it, and the animal its done to face death.
Did Muhammad(pbuh) say this directly?
Salam
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Old 05-19-2009, 08:05 PM
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Default Re: Hudud punishments - Stoning the Adulterer - the details

asalaam alaikum


That's what i understood, i'll try to paste the ahadith when i get the time, from the hadith book don't worry insha Allah.


Also, say Allah's Messenger insha Allah :)
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Old 05-19-2009, 09:44 PM
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Default Re: Hudud punishments - Stoning the Adulterer - the details

asalaam alaikum


Bulugh al Maraam. Penalty for Qadhr [accusing a person of adultery without proof]



hadith no. 1262;



http://i256.photobucket.com/albums/h...yforQadh-1.jpg



1262;



http://i256.photobucket.com/albums/h...yforQadh-1.jpg


1265;



http://i256.photobucket.com/albums/h...yforQadh-2.jpg



1266;



http://i256.photobucket.com/albums/h...forQadhrac.jpg
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Old 05-21-2009, 05:26 PM
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Default Re: Hudud punishments - Stoning the Adulterer - the details

asalaam alaikum


chapter Qaddf [falsely accusing someone]. Qaddf means to throw something hard i.e. throwin something false hard on someone without required number of witnesses.


1049 p437. Aisha. ahmad and others, hasan [good chain of narration].
Verdict regarding accusation of aisha after surah noor [24] revealed. 80 lashes are given to the people who perform the accusation without witnesses.


1050. Related Anas. Sahih [authentic]. Abu Ya'la collection.

Li'an that they saw zina [fornication/adultery] of their wife/husband. Swear 4 times by Allah that she is a liar. And 5th time, he invokes curse on himself, or if its a she - on herself (after swearing 4 times by Allah [if she saw her husband comitted zina]).

Then the one who committed zina may swear by Allah 4 times that they never comitted zina, and the 5th time that the curse of Allah be upon them.


If they both do this, then they are separated and become like unmarried.


IN this hadith, the sahabi had accused the man but not his wife [in which case hecould have done Li'an] But because he accused the man, he had to bring 4 men witnesses otherwise he would get hudud punishment [80 lashes].


But if Li'an done. After curse Lia'n, bthere separated and not together as husband and wife.



Buf if someone accused someone elses wife then, then they can't do Li'an (because the husband never saw it himself). ANd 4 male witnesses need to be brought, otherwise this person gets 80 lashes.



1051. Abdullah ibn Amir. Maliks Muwatta. Sahih [authentic].

The Hadd punishment for a slave is 40 lashes (for accusation without witnesses), not 80.



1052. Bukhari and Muslim, Abu Hurairah.
If accuse his slave with zina, the hadd [punishment] will be on the Day of Judgement. So there is no hadd in this life against the master, although it still is a crime in the sight of Allah, but not punished in this life.



Allah knows best.
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Old 05-21-2009, 11:29 PM
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Old 06-10-2009, 04:45 PM
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Default Re: Hudud punishments - Stoning the Adulterer - the details

asalaam alaikum



Bulugh al Maram Hadith.993 chp9 p408. Ibn masud. Sahih Mslm.

Blud of muslim haram (sacred) protected except in 3: Zina [adultery[ n has been maried, qtl qisas (life fo life), chnge his islam to another deen/religion and leave the ummah (not a comunity of people).



Hadith 994 aisha 3an Rslalah. Nasa'i, abi daud, al hakim sahih.

Above with addition of how to punish married (or has been married in his lifetime) zani [adulterer]. Dig hole in ground and throw stones at zani [adulterer].
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Old 06-14-2009, 07:29 PM
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Default Re: Hudud punishments - Stoning the Adulterer - the details

asalaam alaikum


also see;

Description of flogging [lashing] for an unmarried person who commits zina [fornication]
:
Description of flogging for an unmarried person who commits zina

Question:

The punishment for zina For unmarried person as in islam is;

“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 Allaah” [Quran al-Noor 24:2]

For this punishment to be applicable, Allaah has laid down the condition that the act be witnessed by four men whose word can be trusted; a confession does away with the requirement of four witnesses.

1) My quistion is after 100 lashes the genrally( if person is of normal personality or not very strong) the man will remain alive or not ?

2) How hard or powerful this lashes will be? is there any standard to apply so much strength on each lash?.

Answer:

Praise be to Allaah.

Flogging in the case of hudood punishments is not meant to kill, rather it is intended as a form of discipline and rebuke, and to purify the person of sin. Hence many fuqaha’ have pointed out that it must be done with moderate force, and the person carrying out the punishment should not raise his arm so high that his armpit shows, and he should not use a new whip, or strip the person of his clothing unless it is something like a thick coat, which should be removed. The person being punished should be flogged standing, according to the majority of scholars; he should not be made to lie down and he should not be bound, and blows to the face, head and genitals are to be avoided.

Ibn Qudaamah (may Allaah have mercy on him) said: Rather the blows should be distributed all over the body, so that each limb will have its share, but most of them should be on the fleshy parts such as the buttocks and thighs, and the sensitive areas should be avoided, namely the head, face and genitals of men and women alike.

He said concerning the person being punished that he should not be made to lie down, or be bound, and we do not know of any difference of opinion concerning that.

Ibn Mas’ood said: It is not prescribed in our religion to make the offender lie down or to tie him up or remove his clothing. The companions of the Messenger of Allaah (peace and blessings of Allaah be upon him) flogged offenders but there is no report that any of them made the offender lie down or tied him up or removed his clothing.

His garment should not be removed, rather he is it acceptable if he is wearing one or two garments, but if he is wearing a thick coat, it should be removed, because if it is left on he will not feel the blows. Ahmad said: If winter garments are left on him, he will not feel the blows. Maalik said: His clothes should be removed [apart from that which covers the ‘awrah], because the command to flog implies that the blows should be directly to his body. We have the view of Ibn Mas’ood, and we do not know of any of the Sahaabah who differed with him. Allaah did not command us to strip the offender, rather he commanded us to flog him, so whoever is flogged through his clothes has been flogged.

And he said: Once this is established, then the whip should be of moderate quality, not so new that it would cause injury and not so worn out that it hardly hurts him. It was narrated that a man confessed to the Messenger of Allaah (peace and blessings of Allaah be upon him) that he had committed zina, so the Messenger of Allaah (peace and blessings of Allaah be upon him) called for a whip and he was given a broken whip. He said, “Better than this.” So he was brought a brand new whip. He said, “Something between these two.” Narrated by Maalik from Zayd ibn Aslam in a mursal report; and it was narrated from Abu Hurayrah in a musnad report.

It was narrated from ‘Ali (may Allaah be pleased with him) that he said: Moderate blows with a moderate whip. Not so harsh as to kill and not so weak as to be no deterrent. He should not raise his arm completely, or keep it so low that it causes no pain. Ahmad said: His armpit should not show in any of the hudood punishments, i.e., he should not raise his arm so high, because the point is to discipline him, not kill him.

From al-Mughni, 1/141-142.

From the above it is clear that an ordinary person will not usually be killed by flogging; the purpose is to serve as a rebuke and discipline. And the believers should witness this punishment, as Allaah says (interpretation of the meaning):

“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 Allaah, if you believe in Allaah and the Last Day. And let a party of the believers witness their punishment”

[al-Noor 24:2]

And Allaah knows best.


Source: Islam Question and Answer - Description of flogging for an unmarried person who commits zina
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