Islamic Fiqh > Penalties (hudud) > Qisas and diyat: homicide and compensation > The three degrees of slander committed by a husband
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Updated on 27 September 2026 at 3:52 AM
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This section gathers the general rules of criminal offences (jina'yat) and punishments: the three degrees of slander committed by a husband, liability when a disciplinary whipping causes damage, the status of the covenant people, the stages of the legislation of fighting, stoning, the degrees of indecency, the penalty for the married adulterer, highway robbery, fornication, theft, fighting the rebels, the diya and its wisdom, the peace treaty, the legitimacy and holders of ta'zir, the repentance of the murderer, the possible combination of whipping and stoning, and harm done to a fetus born alive.
Each ruling is attributed to the school holding it, each hadith carries its original reference, and the notes of the source sheets are reproduced as they stand.
Slander cast by a husband upon his wife falls into three cases. The first is obligatory: he sees her fornicating in a state of purity in which he did not have intercourse with her; he then has to leave her until her waiting period ends, and if she gives birth to a child six months after the sin and he can disavow him, slandering her and disavowing the child becomes binding, for the situation runs like certainty that the child is the fornicator's; if he does not disavow him, the child attaches to him, inherits from him and from his relatives while they inherit from him, and looks upon his daughters and sisters, which is not permissible: the disavowal therefore becomes necessary to remove that, even if she confesses the fornication and he is convinced of her truthfulness, just as if he had seen it.
The second is permitted: he sees her fornicating, or it becomes established before him while there is no child to attach, or there is a child without knowing whether it comes from that sin, or a trustworthy person tells him and he believes him, or a rumor spreads that a certain man debauches himself with a certain woman and he finds him near her, entering her place or leaving it, or the thought of her debauchery prevails upon his opinion: slander is then allowed for him. Proof: the report that a man came to the Prophet (peace be upon him) and said:
He mentioned speaking or keeping silent, and the Prophet did not disapprove of him; nor did he disapprove of Hilal and the two Ajlanis for what they had seen. Silence is allowed, and it is better: he can then divorce her, her concealment and his own are preserved, and there is no child to disavow.What do you say about a man who finds a man with his wife: if he speaks, you flog him; if he kills, you kill him; and if he stays silent, he stays silent in his anger.
narrated by way of Abdullah
The third is forbidden: any other slander against his wives or against strangers, which belongs to the major sins.
The Prophet said:Those who cast accusations against chaste, heedless, believing women are cursed in this world and the hereafter, and they will have a tremendous punishment.
Surah an-Nur, 23
The words "while looking at him" mean: he sees him of his own seed. Just as Allah forbade the woman to bring a stranger before her family, He forbade the man to disavow his child. Slander is not allowed through the report of someone whose lying is not guaranteed against; nor through merely seeing a man leave her house without notorious fornication, for he may have entered as a thief, as a fugitive, for a need or for a corrupt purpose without her granting him access; nor through the matter spreading among people without an indication proving their truthfulness, since her enemies may have spread it; one second opinion allows it, since notoriety is stronger than the report of a trustworthy person. Nor through the child's color differing from his parents or their likeness, nor through his resemblance to others (al-Mughni 8/58-59, al-Mubdi' 9/88). This detail was already given in the chapter of li'an.Any woman who brings into a people someone who is not one of them is not of Allah in anything, and Allah will not admit her into Paradise; and any man who disavows his child while looking at him, Allah veils Himself from him and disgraces him before the first and the last generations.
narrated by Abu Dawud (2263), an-Nasa'i (3481) and Ibn Majah (2743), weak hadith
Because ta'zir has no measure fixed at either end, it is not obligatory like the blow of the teacher or the husband. If the person deserving ta'zir pardons, the imam keeps the right to discipline under the soundest view, for the right of Allah, even though he does not discipline without a pardon before the claim of the entitled one: ta'zir relates to the imam's review, and the waiver of another does not prevail in it; ta'zir is undetermined, performed through striking, slapping, reprimand and detention, in little or much, and the deserving one deserved neither a specific type nor a specific amount: discharging the unknown is void. The view opposed to the soundest: prevention, since the deserving one waived it (al-Hawi al-Kabir 7/435, al-Bayan 12/534-536, an-Najm al-Wahhaj 9/243-245, Mughni al-Muhtaj 5/518-519).
The jurists differ over what is lost through ta'zir. Those holding it obligatory, the majority of Hanafis, Malikis and Hanbalis, say the imam guarantees nothing of what occurs through ta'zir, for the imam's deterrents are not guaranteed by him, like the legal punishments. Those holding it permitted, the Shafi'is, say that if damage occurs the imam guarantees it. Proof: the report that Umar sent to a woman about a matter that reached him through a messenger, and she lost her fetus; he asked Uthman and Abd ar-Rahman: what do you say? They answered: nothing against you, you are a discipliner. He turned to Ali, who said: if they were heavy-handed without intent they erred; if they acted deliberately they erred; the diya falls upon you. Umar said: I adjure you not to move before taking it from your people, meaning Quraysh, their aqila. And Ali said:
or in the public treasury: the surplus beyond the forty lashes he set by choice: that surplus belongs to ta'zir. Upon whom does the diya then fall: two views: upon the imam's aqila, per Umar's words to Ali; or in the treasury, since he stands in place of all the Muslims, and the expiation follows the same division.No one has received a legal punishment and died from it without my finding within myself something against the one who truly killed him, except the one flogged for wine: that is an opinion we formed after the messenger of Allah; whoever dies from it, I answer for him upon the imam's aqila.
narrated by way of Ali ibn Abi Talib
an-Nawawi reports unanimity: whoever dies under a legal punishment lawfully applied yields no diya and no expiation, neither upon the imam, nor upon his executioner, nor upon the treasury. Whoever dies from ta'zir: our school holds his guarantee obligatory, diya and expiation; ash-Shafi'i holds two sayings, the sounder: the diya upon the imam's aqila and the expiation from his money; the second: the diya in the treasury, the expiation in either place. The majority of the scholars: no guarantee upon anyone (Sharh Sahih Muslim 11/221, al-Bayan 12/536). Ibn Qudama: death through ta'zir entails no guarantee, which is the saying of Malik and Abu Hanifa; ash-Shafi'i holds it, following Ali's words and his gesture toward Umar about the fetus of the woman to whom a messenger had been sent (al-Mughni 9/149-150). The Hanbali answer: it is a lawful deterrent punishment; whoever dies by it bears it like the legal punishment; Ali's saying about the wine-drinker was contradicted by other companions, and neither ash-Shafi'i nor other jurists acted upon it; the fetus case proves nothing, for that destroyed fetus was neither a crime from her nor ta'zir upon her: how would his guarantee fall away? And if the imam flogged a pregnant woman and destroyed her fetus, he compensates, even though the legal punishment is agreed among us, while the guarantee of the flogged person destroyed by it does not bind. The husband does not guarantee his wife if she perishes through lawful discipline for disobedience, nor the teacher his pupil through lawful correction, which is Malik's saying, while ash-Shafi'i and Abu Hanifa hold the guarantee. Khallal: the teacher who strikes three times, as the successors and the jurists of the lands said, is not liable; a violent blow that has nothing of education engages his liability, for he exceeded in striking. The same reasoning reaches the father, the grandfather, the ruler, his delegate or the guardian who disciplines (al-Mughni 9/149-150). al-Ayni: ash-Shafi'i places the diya upon the imam's aqila and the expiation upon his money; one opinion places them in the treasury; the majority of the scholars: nothing upon anyone ('Umdat al-Qari 23/269, Munh al-Jalil 9/359).
The Sunna calls for their rights and for equity toward them, and forbids harming them.
Whoever oppresses a protected person, degrades him, burdens him beyond his capacity, or takes anything of him against his good pleasure: I will be his adversary on the day of resurrection.
narrated by Abu Dawud (3052)
Ibn Hazm (Maratib al-Ijma' 38) reports the agreement: the blood of the dhimmi who violated nothing of his covenant is sacred.Whoever kills a protected person will not smell the fragrance of Paradise, though its scent is perceived at a distance of forty years.
narrated by al-Bukhari (2995)
al-Qarafi (al-Furuq 3/29-33) distinguishes kindness (al-birr), commanded by Surah al-Mumtahanah 8, from affection and alliance (at-tawadud), forbidden by Surah al-Mumtahanah 1 and 9: the texts must be combined; kindness is requested, tenderness and alliance forbidden. The covenant creates rights toward them upon us: they live under our neighborliness, our protection and the guarantee of Allah, of His messenger and of Islam; whoever harms them, even with a misplaced word or backbiting the honor of one of them, or aids that, destroys the guarantee of Allah and of His messenger. Ibn Hazm adds: if belligerents come aiming at a protected person in our lands, going out to fight them, at the price of our lives, becomes binding upon us; delivering him would be negligence of the covenant, and he sees in it the community's agreement.
Forbidden acts: clearing assemblies for them upon arrival, rising for them, calling them by exalting titles, giving them the wide side of the road as one does with a chief; placing them in offices of dominion, or using toward them a courtesy that affirms their superiority; the Muslim serves none of them as servant or hireling, and none of them pleads as attorney against the Muslims before the governors. Kindness as commanded, without inner affection, covers: gentleness with their weak, filling the need of their poor, feeding their hungry, clothing their naked, soft speech out of benevolence, bearing their neighboring nuisance while able to remove it, praying for their guidance, sincere counsel in religion and worldly matters, guarding their secrets, protecting their property, families, honors and all their rights, helping repel injustice from them, and every good a superior may do to an inferior, or an enemy to his enemy, out of nobility of character and not out of glorification. One must keep in heart their hatred of us and their denial of our Prophet, then treat them in obedience to Allah's command, not out of love. at-Tartushi reproached the caliph of Egypt for heeding a monk minister: the account ends with the monk's death. Umar is reported to have said: "Humiliate them without oppressing them"; and to Abu Musa al-Ash'ari, who wrote him that a Christian of Basra alone knew how to raise the tribute, he wrote to remove him, with the formula: "Suppose the Christian dead, and peace", that is: act as if he were dead (al-Furuq 3/29-33).
al-Muqri condenses: permitted kindness is what returns to nearness and goodness while preserving rank and the supremacy of Islam; equity is the justice owed to them; forbidden tenderness is the honoring and the usages of chiefs without them or at their degree, and it is forbidden (Bada'i' as-Silk 2/181). al-Ghazali (Ihya Ulum ad-Din 2/169-170) ranks the rebels against Allah: the unbelieving belligerent deserves killing and enslavement, without humiliation beyond; the dhimmi must not be harmed: one turns away from him, lowering him only by taking the narrow side of the road and not initiating the greeting; if he says "peace upon you", answer "and upon you"; loose familiarity with him as with friends is severely disliked, nearly forbidden, following Surah al-Mujadalah 22 and the hadith: "The Muslim and the polytheist: their fires are not seen together" (narrated by Abu Dawud (2645), at-Tirmidhi (1604) and an-Nasa'i (4780)). ar-Razi (Tafsir 8/10-11, 10/176) sets three senses of alliance with the unbelievers: being satisfied with their unbelief, which removes one from Islam; good worldly neighborliness, which is permitted; leaning toward them in aid and support out of kinship or love while judging their religion false, which is forbidden without removal. al-Fawakih ad-Dawani (8/227) divides enemies into two categories by the two verses: those who did not fight nor expel, toward whom kindness and equity are allowed, and those who fought and expelled, toward whom alliance is forbidden. Ibn al-Qayyim (Ahkam ahl adh-Dhimma 1/223) concludes: kindness and good treatment do not belong to the forbidden alliance, but to the goodness Allah loves; the forbidden is taking the unbelievers as patrons and casting affection toward them.
The legislation of fighting passed through four stages. The first was Meccan: restraint, turning away and pardoning; fighting was forbidden throughout the Meccan period, a stage of endured harm and patience.
Have you seen those to whom it was said: restrain your hands, establish prayer and give the zakat; then, when fighting was prescribed for them, a party of them feared men as one fears Allah, or even more.
Surah an-Nisa, 77
al-Jassas (Ahkam al-Qur'an 1/319) and al-Qurtubi (Tafsir 2/347): the community did not differ over the forbidding of fighting before the emigration. Ibn Taymiyya: the Prophet was first commanded to strive with his tongue, through calling, exhortation and debate (Surah al-Furqan 52); striving was then permitted when he had supporters in Medina; fighting was prescribed when they grew strong, without aiming at those who had concluded peace, since they could not face all the unbelievers; after the conquest of Mecca and the delegations came the command to fight all the unbelievers except those holding a treaty of fixed duration, and to repudiate the open-ended treaties (al-Jawab as-Sahih 1/237). Ibn al-Qayyim: Allah commanded patience, pardon and restraint until the might grew firm.I was commanded to pardon: do not fight. Then, when Allah brought us to Medina, the command of fighting came to us.
narrated by an-Nasa'i (3086), al-Bayhaqi (4/264) and al-Hakim (2/76), authentic chain
The third stage is the command to fight those who fight them, in defense and by reciprocity (Surah al-Hajj 39: permission granted to those attacked because they were wronged; Surah al-Baqara 190: fight in the way of Allah those who fight you, and do not transgress): the fighting of that period, between Badr and the Trench, was defensive. The fourth is the command to fight all the unbelievers and to initiate against them wherever they are, until they embrace Islam or pay the jizya humbled. Its Quranic proofs: Surah at-Tawba 36, 5, 29 and Surah al-Anfal 39, with the successors' interpretation: until no association remains. From the Sunna:
This last stage is the one that settled in the treatment of the unbelievers of every category. The scholars of the four schools do not differ: with capacity, initiating against the unbelievers who have not fought is required; offensive jihad stands among the necessary consequences of defensive jihad, by consensus. al-Jassas (Ahkam al-Qur'an 3/191): no jurist forbids fighting the polytheist who refrains from fighting us; the dispute bears upon the permission to leave him, not upon forbidding his fighting, agreement having settled on the abrogation of the original prohibition. Ibn al-Qayyim (Zad al-Ma'ad 3/158-160) orders the prophetic course: read, warn his clan then the Arabs then the world, about ten years of warning without fighting or jizya, the permission to emigrate and to fight, the command to fight whoever fights him, then to fight the polytheists until the religion is entirely for Allah; after the command of jihad the unbelievers formed three categories: treaty holders, belligerents and protected people; Surah at-Tawba settled: fight the covenant breaker, honor the treaty of fixed duration, four months of respite for those without a treaty or with an open one; they all embraced Islam before their term, the jizya was imposed on the protected people, and the converted treaty holders left two categories: belligerents and protected people. Zakariyya al-Ansari (Fath al-Wahhab 2/269) and an-Nawawi (Rawdat at-Talibin 10/204) summarize the rise: prohibition, fighting the fighter, initiative outside the sacred months, then without restriction of time or condition.I was commanded to fight the people until they testify that there is no deity but Allah and that Muhammad is the messenger of Allah, that they establish prayer and give the zakat; then they protect from me their lives and their properties except in the right of Islam, and their account falls to Allah.
narrated by al-Bukhari (25) and Muslim (134)
al-Shirbini (Mughni al-Muhtaj 5/435): the legal punishment is the whip and exile for the unmarried, stoning for the married, by the text and by consensus; many report the unanimity over stoning the married fornicator until death. The meaning gathers the agreement of all: hurling stones, or the like, upon the fornicator or the fornicatress until death. Ibn al-Mundhir (al-Ijma' 634): the stoned one undergoes continuous stoning until he dies. Ibn Hazm (Maratib al-Ijma' 129) and al-Mawsili (al-Ikhtiyar 4/99) say the same. Surah ash-Shu'ara 116, where the people of Lut threaten: you will be among the stoned, shows that stoning aims at death. The Prophet stoned the two Jews, Ma'iz and al-Ghamidiyya until they died.
The fornicator stands upright, without a dug pit and without bonds, whether proven or confessed: no divergence is known, for the Prophet dug no pit for Ma'iz:
Digging for him and burying part of him would be a punishment the law did not fix for him. The woman: the apparent wording of Ahmad denies her the pit as well, as al-Qadi wrote in al-Khilaf; in al-Mujarrad: through confession no pit, through evidence a pit up to the chest; Abu al-Khattab holds this latter opinion sounder, as the companions of ash-Shafi'i, following the report of Abu Bakr and Burayda: "the Prophet stoned a woman and dug for her up to the chest" (narrated by Abu Dawud), for it is more concealing, and there is no need to prevent her flight when evidence fixes the punishment: it does not fall by her act, unlike confession, whose retraction is accepted. Ibn Qudama answers: the majority of the reports omit the pit, for al-Juhaniyya, Ma'iz and the two Jews; the report they cite concerns a confession, a case already settled among us: it cannot serve as proof against their own position. The woman's garments are drawn tight so nothing appears:When the messenger of Allah ordered the stoning of Ma'iz, we went out to al-Baqi; by Allah, we dug no pit for him nor bound him, but he stood upright before us.
narrated by Abu Dawud
The Prophet ordered that her garments be drawn tight upon her.
narrated by Abu Dawud, from Imran ibn Husayn
The sunna wants the people to circle the stoned one. If the fornication is proven by witnesses, the witnesses begin the stoning; if by confession, the imam or the judge begins, then the people. Ali is reported to have said:
for that keeps them farthest from the suspicion of lying about him. If he flees: in the case of evidence they pursue him until they kill him; in the case of confession they leave him, following the report of Ma'iz and Abdullah ibn Unays: barely feeling the touch of the stones, Ma'iz fled; his companions powerless, Ibn Unays struck him with a camel's bone and killed him, then informed the Prophet, who said:Stoning is twofold: the one from confession, the imam begins then the people; the one from evidence, the witnesses begin then the people.
narrated by way of Ali ibn Abi Talib
for confession may be retracted and the punishment falls; whoever kills him in flight bears nothing.Why did you not leave him to repent, so that Allah would accept his repentance?
narrated by Abu Dawud
Whoever denies something established by a text and by agreement, among the clear matters of Islam such as pork, fornication and their like, is an unbeliever (al-Mughni 9/21). an-Nawawi (Rawdat at-Talibin 2/175): whoever denies a matter bearing a text and a consensus, among the affairs known to the elites and the common people, such as prayer, zakat, pilgrimage, wine and fornication, is an unbeliever.
The degrees of indecency vary with its mischiefs. Taking a concubine among the women, or a concubine among the men, is less evil than debauchery with anyone. Hiding is less sinful than flaunting, and concealing another's fault less than informing people of it; the informer stands far from forgiveness:
Another hadith: "whoever is reached by one of these filths, let him veil himself with the veil of Allah, for whoever exposes his affairs to us, we apply upon him the book of Allah". Still another: "the hidden fault harms only its author; if it is spread and not condemned, it harms the common people".All of my community is covered, except those who flaunt; of flaunting: a man performs a deed at night, then rises in the morning while Allah has covered it, and says: so-and-so, yesterday I did this, while his Lord covered it through the night, and he rises unveiling Allah's veil upon himself.
narrated by al-Bukhari (5721)
Fornication with a woman who has no husband is lighter than with a wife: the latter joins injustice toward the husband, aggression against him and the corruption of his bed; its sin may be greater than simple fornication or less than it. Fornication with a person forbidden through kinship or suckling is greater than with a stranger. With the neighbor's wife, greater than with a distant woman: joined to it are the wrong done to the neighbor and the abandonment of the recommendation of Allah and His messenger; if her husband is the neighbor, bad proximity and the greatest harm join in; if he is a brother or a relative, the breaking of ties joins in and the sin multiplies. Hadith: "none will enter Paradise whose neighbor is not safe from his misdeeds"; and no misdeed is greater than fornication with the neighbor's wife.
Fornication with the wife of a combatant in the way of Allah is greater still:That a man fornicate with ten women is lighter for him than fornicating with his neighbor's wife; and that he steal from ten houses is lighter for him than stealing from his neighbor.
narrated by Ahmad (23905), authentic hadith
an-Nasa'i (3191) adds: "what do you think: would you believe that nothing of his good deeds remains?".The inviolability of the fighters' wives equals for those who remain the inviolability of their mothers; no man of those who remain takes the place of a fighter with his family and betrays him toward them without being held back on the day of resurrection, where he will take from his deeds whatever Allah wills.
narrated by Muslim (1897)
The degrees also vary with time, place and doer: fornication in Ramadan, by night or by day, is greater than outside it; it is still greater in the honored and preferred places. As for the doer: the free man's is more repugnant than the slave's, hence the penalty halved; the married man's more than the unmarried person's; the old man's more than the young man's, hence the aged fornicator among the three with whom Allah will not speak on the day of resurrection nor purify, and for whom there is a painful punishment; the scholar's more than the ignorant man's, who knows the ugliness and acts lucidly; that of the one who can dispense with it more than the poor incapable one's (Ighathat al-Lahfan 2/147-148, Matalib Uli an-Nuha 6/173).
The penalty of confinement and harm mentioned in Surah an-Nisa 15 was abrogated: the virgin received the whip, following Surah an-Nur 2, and the married woman stoning.
Nothing separates the verse from this sunna of an intermediate ruling: the harm and confinement of the verse were therefore abrogated for the unmarried by the verse of the whip, and for the married by the sunna of stoning (Ahkam al-Qur'an 5/94-95).Take from me, take from me: Allah has opened a way for them. The virgin with the virgin: one hundred lashes and a year of exile; the married woman with the married man: one hundred lashes and stoning.
narrated by Muslim (1690)
All the scholars agree: the married man who fornicates with his conditions met deserves stoning until death, by the Sunna and by consensus. Umar said from the pulpit:
The long version (al-Bukhari 6442, Muslim 1691, Ahmad 391): Allah sent Muhammad with the truth and sent down the book; stoning stood among what He revealed: we read it and retained it, the messenger of Allah stoned and we stoned after him. In Ibn Majah's version (2553), Umar cites the recited verse: "the old man and the old woman, when they fornicate, stone them mercilessly": its recitation was abrogated and its ruling remained. The Prophet stoned Ma'iz and al-Ghamidiyya, and the caliphs stoned after him. Abu Hurayra reports the case of the man who came to confess his fornication four times in the mosque: the Prophet turned away; he asked him: "are you insane? have you consummated a marriage?"; then: "go with him, stone him" (al-Bukhari 6439, Muslim 1691). To Ma'iz he asked: "perhaps you kissed, winked, looked?" then: "did you lie with her?": then he ordered his stoning (al-Bukhari 6438). And the pregnant woman of Ghamid asked to be purified: he told her to wait until she delivered what she carried; an Ansari took charge of her child, and after the delivery he stoned her (Muslim 1695).I feared that time might lengthen until someone says: we find no stoning in the book of Allah, and that they stray by leaving an obligation Allah has sent down. Stoning is a right upon whoever fornicates and is married, when the evidence is established, or the pregnancy, or the confession. The messenger of Allah stoned and we stoned after him.
narrated by al-Bukhari (6441)
The consensus is reported by countless scholars. Ibn al-Mundhir (al-Ijma' 632): the free person who contracted a valid marriage and consummated it is married: both incur stoning. Ibn Battaal (Sharh Sahih al-Bukhari 8/431-432): stoning is established by the Prophet's sunna, the deed of the rightly guided caliphs and the agreement of the imams: Malik in Medina, al-Awza'i in Syria, ath-Thawri and the people of Iraq, ash-Shafi'i, Ahmad, Ishaq and Abu Thawr; only the Khawarij and the Mu'tazila reject it on the ground that it does not stand in the book: what binds them from the book binds them from the sunna, following Surah al-Hashr 7; their dissent does not count as divergence. Ibn Abd al-Barr (at-Tamhid 9/79): the jurists and scholars from the companions to our day agree that the married one's punishment is stoning. al-Mawardi (al-Hawi al-Kabir 13/191): the reports of the Prophet in word and deed, the transmission and practice of the companions, the wide diffusion until the ruling became mutawatir. Ibn Hazm (al-Muhalla 11/231, Maratib al-Ijma' 129): the agreement without divergence over the free man and the free woman who are married, stoned until death, including the pubescent castrate. Ibn Rushd (Bidayat al-Mujtahid 2/325): the Muslims agree on stoning the free married ones, except a sect of the people of desires who gave the whip to every fornicator; the majority holds stoning through the hadiths, which specify the book by the sunna. al-Qurtubi (al-Mufhim 7/216): the consensus of the Muslims. an-Nawawi (Sharh Sahih Muslim 11/189): none of the people of the qibla contradicted, except what al-Qadi Iyad and others report of the Khawarij and of certain Mu'tazila like an-Nazzam. Ibn Qudama (al-Mughni 9/39) reports the Khariji objection: one may not leave the book established with certainty for solitary reports where lying is possible, nor abrogate the book by the sunna; answer: stoning became established from the Prophet through word and deed in reports resembling the mutawatir, and the companions approved it. The Khariji envoys came to Umar ibn Abd al-Aziz reproaching stoning and the making up of the fast without the prayer for the menstruating woman; he asked them where to find in the book the number of the prayers, their bowings and their times, and what the zakat applies to and its measures: they searched and found nothing of it, and said: the Prophet did it and the Muslims after him; he answered: thus stoning and the making up of the fast. Ibn Taymiyya (Majmu' al-Fatawa 20/398-399): the whip stands by the text of the Quran; stoning had a recited Quran, abrogated in its wording, its ruling remaining, transmitted by the mutawatir sunna and the companions' consensus; as for the claimed abrogation of Surah an-Nisa 15, a Quran abrogated it, then the wording was abrogated and the ruling transmitted by tawatur. Ibn al-Humam (Fath al-Qadir 5/224): the companions' consensus is decisive, and the Khariji denial is void: denying the consensus is ignorance doubled with argument; denying its transmission from the Prophet by denying the solitary hadith is equally void, for stoning is mutawatir in meaning, like the courage of Ali and the generosity of Hatim.
The Shafi'is define: highway robbery is appearing in order to take money, kill or terrorize, defying with reliance upon strength, away from the distance at which help arrives (Asna al-Matalib 4/154, Mughni al-Muhtaj 5/494). The Hanbalis: the muharibun are the road cutters who assault people with weapons, even with a stick and stones, in the desert, a building or the sea, and seize by force, openly, respected property (al-Mughni 9/124, Sharh az-Zarkashi 3/137, Kashshaf al-Qina' 6/190, Sharh Muntaha al-Iradat 6/261).
Hiraba and highway robbery stand among the major sins and among the legal punishments by the scholars' agreement: Allah named their doers warriors against Him and His messenger, sowing corruption upon the earth, and aggravated their punishment to the highest degree.
The sheet continues with the account of Abu Qilaba from Anas: a party of Ukl came to the Prophet, dwelt at the Suffa and drained Medina; he sent them the charity camels, they drank of their milk and urine until they recovered and grew fat, then they killed the shepherd.The retribution of those who wage war against Allah and His messenger and spread corruption upon the earth is that they be killed, or crucified, or that their hands and feet be cut off in alternation, or that they be banished from the land: that is their disgrace in this world, and in the hereafter a tremendous punishment.
Surah al-Ma'ida, 33
Fornication is forbidden by the book, the sunna and the consensus; it is among the greatest of major sins after associating with Allah and killing; every community agrees upon its prohibition, it was never lawful in any law, and its punishment is the harshest of punishments, for it is an attack upon honors and lineages (Mughni al-Muhtaj 5/435).
Do not approach fornication: it is an indecency and an evil way.
Surah al-Isra, 32
Those who invoke no other deity with Allah, who do not kill the life Allah made sacred except in right, and who do not fornicate: whoever does that will meet the sin, and the punishment will be multiplied for him on the day of resurrection, where he will abide humiliated.
Surah al-Furqan, 68-69
I asked the messenger of Allah: which sin is the greatest? He said: that you set an equal to Allah though He created you. I said: then which? He said: that you kill your child for fear he eat with you. I said: then which? He said: that you fornicate with your neighbor's wife.
narrated by al-Bukhari (4761) and Muslim (86)
The consensus: Ibn al-Mundhir (al-Ijma' 630): they agreed upon forbidding fornication. Ibn Battaal (Sharh Sahih al-Bukhari 8/249): the community agrees it belongs to the major sins, and that it is a sign of the hour following the hadith of Anas. al-Amrani (al-Bayan 12/346): Allah never allowed it in the law of any prophet, and the people of ignorance took pride in avoiding it. an-Nafrawi (al-Fawakih ad-Dawani 2/205): after association and killing, no sin is greater. Ibn al-Humam (Sharh Fath al-Qadir 5/257): it is forbidden in all religions; the communities do not differ over it. The scholars state that whoever does not hold fornication forbidden is an unbeliever: whoever deems lawful a matter unanimously forbidden and with a manifest ruling among the Muslims, as the Christians do with fornication, leaves Islam (al-Mughni 9/21).