Is it necessary to dig a hole for a man upon whom the prescribed punishment (Hadd) for Zina has been established?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
It is obligatory that no hole be dug for a man upon whom the prescribed punishment for Zina is established, whether it was proven by clear evidence or by confession. This is because the Prophet, peace be upon him, did not dig a hole for Ma'iz. Evidence shows that when the Messenger of Allah ordered the stoning of Ma'iz, he was taken to Al-Baqi' without being dug for or tied up, but rather he stood for the stoning. Furthermore, digging a hole and burying part of the body constitutes a punishment not prescribed by the Law for his case, and thus must not be established.