What is the prescribed punishment for a sorcerer?
General Chapter
Al-Mughni
Book of the Apostate
Primary text
The prescribed punishment for a sorcerer is death by the sword. This opinion is held by Umar, Uthman ibn Affan, Ibn Umar, Hafsa, Jundub ibn Abdullah, Jundub ibn Ka'b, Qays ibn Sa'd, and Umar ibn Abdul Aziz. It is also the position of Abu Hanifa and Malik. The evidence supporting this is the hadith narrated by Jundub ibn Abdullah from the Prophet, peace be upon him, stating: "The hadd (prescribed penalty) for the sorcerer is striking him with the sword." Furthermore, a letter from Umar before his death commanded, "Kill every sorcerer," and three sorcerers were executed in one day without subsequent repudiation, suggesting consensus (ijma). Hafsa executed her slave girl who had practiced magic upon her, and Jundub ibn Ka'b executed a sorcerer who performed magic before Al-Walid ibn Uqba. Additionally, the sorcerer is deemed an unbeliever, necessitating execution based on the aforementioned reports.
Supporting text
The opposing view holds that the sorcerer is not to be executed solely for the act of sorcery. This view is attributed to Al-Shafi'i and Ibn al-Mundhir, and is one narration from Ahmad. The evidence cited is that Aisha, may Allah be pleased with her, sold a Mudabbara slave girl who had practiced magic on her; if execution were mandatory, her sale would not have been permissible. Furthermore, the Prophet, peace be upon him, stated that the blood of a Muslim is only lawful in three cases: disbelief after faith, adultery after being married, or unjustified homicide, none of which necessarily apply to the sorcerer based on this reasoning.