What is the abrogated and established punishment for unlawful sexual intercourse (Zina)?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
The initial ruling of confinement and verbal abuse was abrogated by the definitive ruling established by the Prophet (peace be upon him). Ubadah ibn al-Samit narrated that the Prophet (peace be upon him) said: "Take from me, take from me. Allah has made a way for them: for the unmarried man and unmarried woman, one hundred lashes and a year of exile; and for the married man and married woman, one hundred lashes and stoning." This is recorded by Muslim and Abu Dawud.
Supporting text
If it is questioned how the Sunnah can abrogate the Quran, some scholars permit it on the basis that both originate from Allah, despite the difference in their channels of transmission. Others argue this is not abrogation but rather an explanation and clarification of the Quran. They contend that abrogation cancels a ruling whose text implies generality, but if the ruling was conditional upon a specific condition that has since been removed, it is not cancellation. In this case, Allah conditioned confinement until a way was made clear; the Sunnah clarified that way, thus making it a clarification, not an abrogation. Alternatively, it can be argued that the abrogation occurred within the Quran itself, as stoning was implicitly included in the Divine text concerning punishment, and the Sunnah abrogated its literal textual presentation (rasm) while retaining the ruling (hukm).