How is the prescribed corporal punishment (Hadd) administered to a terminally ill person for whom recovery is not expected?

General Chapter

Al-Mughni

Book of Ḥudūd (Prescribed Penalties)

Book 51 · Issue 2 · Bab 1

Open in Qurani

Primary text

For a terminally ill person whose recovery is not expected, the punishment must be administered immediately, but in a manner that prevents causing death. This is achieved by using a thin stick (qadib) or a palm branch (shamrakh). If there is fear of causing death even with this, a bundle (daghth) of one hundred small sticks is gathered, and one strike is administered with it. This is the position of Al-Shafi'i. The necessity of this ruling stems from the fact that the punishment must either be applied in this manner, or not at all, or inflicted fully. Full infliction is forbidden because it violates the prohibition of causing destruction, and omitting it contradicts the Book and Sunnah. Therefore, the measured application is required.

Supporting text

Malik rejected this method, arguing that it contradicts the Divine command to administer one hundred lashes (Quran 24:2), as this method results in a single strike. However, it is permissible for this one strike to substitute for one hundred in circumstances of necessity, similar to the ruling concerning Ayyub (Job) (Quran 38:44), as this is preferable to abandoning the punishment entirely or killing the person in a manner that does not permit death as a penalty.