What is the evidentiary basis for combining flogging and stoning for the married adulterer?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
The justification for combining flogging and stoning is derived from reconciling the Quranic text, which mandates one hundred lashes for both the male and female adulterer (Quran 24:2), with the established Sunnah which specifies stoning for the married (Muhsan) person. This combination is supported by the explicit Hadith of the Prophet, peace be upon him, regarding Ubadah: "The married man for the married woman: flogging and stoning." This explicit statement must be given precedence over other narrations that only mention stoning, as the latter lacks the mention of flogging.
Supporting text
The argument for stoning only suggests that the Hadith mentioning both is not as clear as the explicit command in the Quran regarding flogging, or that the Prophet's action of stoning without flogging in specific cases (Ma'iz, Ghumidiyyah) represents the final ruling, overriding previous commands. Furthermore, since two penalties (flogging and exile) are prescribed for the unmarried adulterer, two penalties (flogging and stoning) should likewise be prescribed for the married adulterer, with stoning taking the place of exile.