Is it permissible to perform the funeral prayer (Salat al-Janazah) upon an adulterer who was executed as a prescribed punishment (Hadd)?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
The majority of scholars mandate performing the funeral washing and burial, and observing the funeral prayer for the executed adulterer. This is based on the action of Ali (RA), who, regarding Sharaa who was stoned, instructed that she be treated as any other deceased person and performed the prayer over her. Furthermore, an authentic narration from Abu Dawud concerning the Jahniyyah woman states that after she was stoned, the Prophet (PBUH) ordered them to pray over her, explaining that she repented a repentance so great it would suffice seventy people of Medina, and that she gave her life willingly. Another supporting basis is the command of the Prophet (PBUH): 'Pray over whoever says: La ilaha illa Allah.' A Muslim must be prayed over if they died before the Hadd, so they must also be prayed over after it, similar to a thief.
Supporting text
Imam Malik stated that one executed by the Imam for a Hadd punishment should not be prayed over, citing the narration of Mâ'iz where the Prophet (PBUH) did not pray over him after he was stoned to death. This is reconciled by suggesting the Prophet (PBUH) either did not attend the event, or was occupied with another matter, thus this does not contradict the stronger established narrations.