What is the prescribed punishment for a married female slave (amah muhsana) who commits fornication?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
The punishment for a married female slave who commits fornication is half of what is due to a married free woman, which is stoning, based on the explicit Quranic verse: {But when they are taken in marriage, then if they commit an indecency, they shall have half the punishment prescribed for free women} (Quran 4:25). The majority opinion on the punishment for unmarried individuals being fifty lashes is established, and the application of the general ruling regarding slaves (both male and female) is confirmed by the Hadith where the Prophet (peace be upon him) stated the penalty for the un-married female slave involves flogging and eventual sale, not stoning. The inferential argument regarding the female slave's marriage (Ihsan) must yield to explicit textual evidence. Furthermore, the Divine ordering is that the punishment for the *muhsana* is compounded (stoning), whereas Dawood's view reverses this order, which is incorrect.
Supporting text
Ibn Mas'ud interpreted 'Ihsan' (being married/chastity) for the female slave as her being Muslim and having completed her menstrual cycles ('aqra'). The inferential argument (Dhalil al-Khitab) cited by some is generally invalidated when the specification of the mention has another purpose, such as indicating a majority case (al-ghalib) or for emphasis, as seen in other scriptural verses where limitations mentioned in the text do not restrict the ruling universally.