In corporal punishment (hadd), should the person being punished stand or sit?

General Chapter

Al-Mughni

Book of Beverages (Intoxicants)

Book 53 · Issue 2 · Bab 1

Open in Qurani

Primary text

A man being punished in a Hadd penalty must stand during the flogging. This is the position of Abu Hanifa and Al-Shafi'i. The evidence supporting this is the statement of Ali (may Allah be pleased with him) that every part of the body has a share in the punishment except the face and the private parts, and the requirement for the person to stand facilitates administering the correct share to each limb. Standing also allows for the beating to be distributed across the entire body, focusing on fleshy areas like the buttocks and thighs, while avoiding vital spots.

Supporting text

Malik held that the person should be beaten while seated, arguing that God did not command standing, and that a man being punished in a Hadd case resembles a woman in this regard. Abu Yusuf is mentioned as supporting the view that the head should also be struck, as Ali did not explicitly exempt it.