Is the prescribed punishment (Hadd) carried out on a pregnant woman?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
The prescribed punishment is not carried out on a pregnant woman until she delivers her child, regardless of whether the pregnancy resulted from fornication or otherwise. There is no known dispute on this matter; scholars have agreed that a pregnant woman is not stoned until she gives birth. This is supported by the tradition concerning the woman from Banu Ghamid who sought purification, and the Prophet, peace be upon him, commanded her to return until she delivered her child. When she returned having delivered, the Prophet stated that she would not be stoned immediately so that her child would not be left without a nurse. After a man from the Ansar took custody of the child's nursing, she was then stoned. Furthermore, delaying the Hadd is necessary because carrying it out during pregnancy constitutes the destruction of a life that is protected, whether the punishment is stoning or lashing, as the child's life may be lost due to the transmission of blows or cutting.
Supporting text
The initial intent of Umar, may Allah be pleased with him, to stone a pregnant adulteress was halted upon the advice of Mu'adh, who argued that while one has authority over her, one does not have authority over her fetus. Ali held a similar view.