When is the prescribed punishment of lashing carried out on a woman after childbirth?

General Chapter

Al-Mughni

Book of Ḥudūd (Prescribed Penalties)

Book 51 · Issue 4 · Bab 1

Open in Qurani

Primary text

If the prescribed punishment is lashing, it is carried out after the child is born and the postpartum bleeding (nifas) has ceased, provided she is strong enough that there is no fear of her demise. If she is still in her nifas or is too weak, the lashing is not carried out until she becomes pure and strong. This is the opinion of Al-Shafi'i and Abu Hanifa, which is consistent with the apparent view of Al-Kharqi. The evidence for delay is the report that Ali was ordered to lash a female slave who had recently given birth. When he informed the Prophet that her bleeding was still flowing, the Prophet commanded him to wait until the bleeding stopped before implementing the punishment. This is because if two punishments follow one another, the second is not fully executed until the effects of the first have passed, and delaying ensures the full completion of the punishment without causing death.

Supporting text

Abu Bakr suggested that the punishment be carried out immediately using a whip guaranteed not to cause death; if a whip was feared to cause harm, a bundle of palm twigs (uthkul) or the ends of garments should be used, citing the order to strike a sick adulterer with one hundred palm twigs in a single blow.