Question

Are there any Hadiths which support stoning to death as a punishment for zina?

Answer

There are numerous narrations which prove stoning to death as a punishment for zina. In fact, this was a verse of the Holy Quran as well. However the verse itself was abrogated but the law remained. The following narrations substantiate this:

1) Sayyiduna ‘Umar (radiyallahu ‘anhu) once delivered a sermon in which he said, “I am going to say something Allah has decreed that I say. I do not know, perhaps it is just before my demise. Whoever understands it and remembers it, should narrate it wherever he travels to. If someone fears that he will not understand it, then it I deem it unlawful to tell lies about me. Allah Ta’ala sent Muhammad (sallallahu ‘alayhi wa sallam) with the truth and revealed the Quran to him. Part of what Allah revealed was the Verse of stoning. We recited it, understood it and memorised it. Nabi (sallallahu ‘alayhi wa sallam) stoned and we stoned after him. I fear that after a long time passes, people will say, “By Allah, we do not find the Verse of Stoning in the Quran” and so they will go astray by abandoning an obligation which Allah revealed. Stoning in the Quran is a duty against someone who fornicates when he is a muhsan [refers to a married person who fulfills certain criterion], be it a man or woman, when the evidence is established or there is pregnancy or confession…”

(Sahih Bukhari, Hadith: 6830 and Sahih Muslim, Hadith: 1691)

2) Sayyiduna Abu Hurayrah (radiyallahu ‘anhu) reports: “A man once came to Nabi (sallallahu ‘alayhi wa sallam) while he was in the Masjid. He called him saying, ‘O Rasulullah! I have committed fornication.’ Rasulullah (sallallahu ‘alayhi wa sallam) turned away from him, but the man repeated it four times. When he had testified against himself four times, Nabi (sallallahu ‘alayhi wa sallam) called him and asked, ‘Are you mad?’ ‘No,’ he replied. He said, ‘Are you a muhsan?’ ‘Yes,’ he answered. Nabi (sallallahu ‘alayhi wa sallam) said, ‘Take him and stone him’”

(Sahih Bukhari, Hadith: 5270, 5271, 6814, 6815 and Sahih Muslim, Hadith: 1691)

Mufti Taqi ‘Uthmani (May Allah protect him) states that stoning to death as a punishment for zina is an issue that is agreed upon by all Scholars throughout time. He then quotes certain Jurists who were of the opinion that the narrations in this regard are mutawatir (ma’nan). i.e., They have reached the highest level of authenticity by virtue of being reported through an abundant number of chains.

Mufti Taqi ‘Uthmani (May Allah protect him) then enlists fifty two (52) Sahabah who have reported Hadiths of this nature.

(Takmilah Fathul Mulhim, under Hadith: 4386)

Note: There are different punishments for married and unmarried people who commit zina. Kindly contact a Mufti/Darul Ifta for further clarification.

And Allah Ta’ala Knows best.

Answered by: Mawlana Suhail Motala

Approved by: Mawlana Muhammad Abasomar

Checked by: Mawlana Haroon Abasoomar