What is the prescribed punishment for a married (muhsan) adulterer, male or female?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
The prescribed punishment for the married adulterer, male or female, is death by stoning (rajm). This is the ruling held by the majority of scholars from the Companions, the Successors, and later jurists across all eras. The evidence for this is the established practice (Sunnah) of the Prophet (peace be upon him) through both statement and action, in reports nearly reaching the level of mass transmission (tawatur). Furthermore, it was revealed in the Quran but its wording (rasm) was abrogated while its ruling (hukm) remains. Umar ibn al-Khattab narrated that the verse concerning the stoning of the married fornicator (Sheikh and Sheikha if they commit adultery, then stone them decisively as a punishment from Allah) was revealed, he understood it, the Messenger of Allah practiced it, and they practiced it after him. The punishment of stoning applies if clear evidence, pregnancy without a known husband, or confession is established. The ruling of lashing (jald) mentioned in the Quran applies to the fornicator, and if the fornicator is married (thayyib), stoning is performed in addition to lashing, as the verse on lashing does not negate the established punishment.
Supporting text
The Khawarij dissented, maintaining that lashing (one hundred lashes) is due to both the unmarried and married, citing the verse {The adulteress and the adulterer, flog each of them with one hundred lashes} [Quran 24:2]. They argued that one cannot abandon a definitively established text of the Book of Allah for reports of single individuals (akhbar ahad) which might involve falsehood, as this implies abrogating the Quran by the Sunnah, which is impermissible.