Ruling on replacing stoning the adulterer to death with a sword or gun
Question:
Is it permissible to change the Hadd (ordained punishment for violating Allah’s Law) of a married person who commits Zina from stoning to death to killing with a sword or shooting with a gun?
Answer:
A married adulterer should be stoned to death, according to the Sunnah of the Messenger of Allah ﷺ. This was authentically reported from him whether in sayings, actions or orders. He (ﷺ) stoned Ma’iz, the woman from the Juhaynah tribe, the woman from the Ghamid tribe, and the two Jews who were brought to him to death. This was authentically reported from the Prophet ﷺ in Sahih (authentic) Hadiths. This is established also according to the Ijma’ (consensus of scholars) among the Sahabah (Companions of the Prophet, may Allah be pleased with them), the Tabi’un (the generation after the Companions of the Prophet) and those who followed them. Nobody contradicts this except those whose opinions are not taken into account.
It was narrated by Al-Bukhari and Muslim in their Sahih books of Hadith, on the authority of Ibn Abbas (may Allah be pleased with him), on the authority of Umar (may Allah be pleased with him) that he said, “Allah sent Muhammad (ﷺ) with the truth, and revealed the Qur’an to him. The Ayah (Qur’anic verse) of stoning was included in what was revealed to him. We recited it, retained it in our memory and understood it. The Messenger of Allah ﷺ administered the punishment of stoning to death to the married people who commit Zina. We also carried out this punishment after him. I am afraid that with the elapse of time, the people may forget it and may say, ‘We do not find the punishment of stoning to death in the Qur’an’, and thus go astray by abandoning this duty prescribed by Allah, although stoning to death is a duty prescribed in the Qur’an for married people who commit Zina, provided that there is clear evidence, pregnancy or confession.”
Thus, it is impermissible to replace stoning to death with killing by sword or shooting with a gun, because stoning to death is more deterring and preventive from committing Zina, which is the gravest crime after Shirk (polytheism) and killing. The Hadd of Zina is a Tawqifi matter (bound by a religious text from Quran and Sunnah, and not amenable to personal opinion), where there is no room for Ijtihad (juristic effort to infer expert legal rulings). If it had been permissible to kill married adulterers by the sword or shoot them, the Prophet ﷺ would have done it and told it to his Ummah (nation), and the Sahabah (may Allah be pleased with them) would have done it after him.
- Chairman : Shaykh Ibn Baz
- Deputy Chairman : Shaykh Abdul-Aziz Aal Al-Shaykh
- Members :
