What action should be taken if the person subject to stoning flees?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
If the person flees and the penalty (hadd) was established by clear evidence, they must be pursued until killed. If the penalty was established by confession, they should be left alone. This is supported by the narration where Ma'iz ibn Malik fled when the stones struck him, and Abdullah ibn Unays killed him with a camel's leg tendon, after which the Prophet, peace be upon him, questioned why he was not left so that he might repent and Allah might accept his repentance. This Hadith is recorded by Abu Dawud.
Supporting text
If someone kills the fugitive during his escape, that killer incurs no penalty, based on the precedent of Ibn Unays killing Ma'iz. Furthermore, since the zina was established by confession, this does not lapse merely because of the possibility of repentance. If the fugitive is not killed and is brought back to the Imam, and he remains firm on his confession, he is stoned. If he retracts his confession, he is left alone.