What is the obligation upon the ruler regarding implementing prescribed punishments for offenses committed by *Ahl adh-Dhimmah*?

General Chapter

Al-Mughni

Book of Ḥudūd (Prescribed Penalties)

Book 51 · Issue 6 · Bab 1

Open in Qurani

Primary text

If a person from *Ahl adh-Dhimmah* commits a forbidden act that mandates a prescribed punishment under their own religion—such as adultery, theft, slander, or killing—the ruler must implement the prescribed Islamic punishment upon them if they are brought before the court. For adultery, an unmarried person is flogged and exiled for a year, while a married person (*muḥṣan*) is stoned to death. Evidence for this includes the hadith where the Prophet (peace be upon him) ordered the stoning of two Jews who committed adultery after being married, and another hadith where he ordered a Jew who killed a female slave to be stoned to death between two stones. If the *Dhimmi* commits an act they believe is permissible, such as drinking alcohol, they are not subjected to the prescribed punishment because they do not believe in its prohibition, similar to a disbeliever in that respect. However, if they publicly display such an act in the abode of Islam, they are subject to discretionary punishment (*ta'zīr*) for showing an evident wrong.