Is banishment (taghrib) applicable to a free man or a female slave guilty of fornication?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
Banishment is not incumbent upon a male slave or a female slave. This opinion is held by Al-Hasan, Hammad, Malik, and Ishaq. The evidence supporting this view is the Hadith concerning the punishment for the slave who commits adultery, where the Prophet (peace be upon him) commanded that she be flogged, but no mention of banishment was made. If banishment were obligatory, it would have been mentioned, as deferring clarification beyond the appropriate time is impermissible. Furthermore, the verse concerning slaves (Quran 4:25) refers to halving the prescribed punishment; since the established punishment mentioned in the Quran is one hundred lashes, the halving pertains only to the flogging and not to banishment. Banishment in the case of a slave is a punishment upon the master, not the slave, as the slave suffers no detriment from relocation, perhaps benefiting from relief from service, while the master suffers loss of service, the risk of the slave being out of his control, and the expense of upkeep.
Supporting text
Some scholars, including Al-Thawri and Abu Thawr, maintain that banishment for half a year is required, based on the verse: "...then for them is half the punishment prescribed for free married women" (Quran 4:25). Additionally, the general statement of the Prophet (peace be upon him), "The unmarried for the unmarried: one hundred lashes and banishment for one year," is cited as evidence. Ibn Umar also reportedly exiled a female slave belonging to him to Fadak. Al-Shafi'i has two opinions corresponding to these two views.