In corporal punishment (hadd), should a woman be punished standing or seated?

General Chapter

Al-Mughni

Book of Beverages (Intoxicants)

Book 53 · Issue 7 · Bab 1

Open in Qurani

Primary text

A woman undergoing corporal punishment must be beaten while seated. This is based on the statement attributed to Ali (may Allah be pleased with him) that a woman is struck while seated, whereas a man stands. The reason for this difference is that a woman is considered a source of modesty (awrah), and sitting is more concealing for her. Furthermore, her clothes are secured to prevent her private parts from being uncovered during the beating, a precaution not necessary to the same degree as in cases like mutual cursing (li'an).

Supporting text

Abu Hanifa, Al-Shafi'i, and Malik agreed that a woman should be struck seated. Ibn Abi Layla and Abu Yusuf held that a woman should be struck standing, similar to a man, as in the case of mutual cursing (li'an).