What is the prescribed punishment for the married adulterer (Muhsan)?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
The punishment for the married adulterer is to be flogged (Jald) and then stoned to death (Rajm). This view is held in one narration and was practiced by Ali, peace be upon him. This opinion is attributed to Ibn Abbas, Ubayy ibn Ka'b, and Abu Dharr, with Abd al-Aziz favoring it. It is also the position of Al-Hasan, Ishaq, Dawud, and Ibn al-Mundhir. This sequence of punishment—flogging followed by stoning—is justified by the assertion that the punishment involves both the prescribed text of the Quran (flogging) and the established Sunnah (stoning). Ali, peace be upon him, stated, "I flogged him by the Book of Allah, and I stoned him by the Sunnah of the Messenger of Allah."
Supporting text
An alternative narration states that the punishment is stoning only, without flogging. This view is narrated from Umar and Uthman, peace be upon them both, who reportedly stoned without flogging first. This position is adopted by Ibn Mas'ud, Al-Nakh'i, Al-Zuhri, Al-Awza'i, Malik, Al-Shafi'i, Abu Thawr, and the Ashab al-Ra'y (the companions of the opinion). Their evidence rests on the actions of the Prophet, peace be upon him, who stoned Ma'iz and the Ghumidiyyah woman without ordering flogging, suggesting stoning supersedes flogging when both punishments seem applicable or that stoning is the final decree.