What is the prescribed punishment for a slave ('abd) or a female slave (amah) who commits fornication when they are not married (not muhsan)?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
The prescribed punishment for an un-married slave man or woman is fifty lashes, according to the opinion of the majority of jurists, including 'Umar, 'Ali, Ibn Mas'ud, Al-Hasan, Al-Nakha'i, Malik, Al-Awza'i, Abu Hanifa, and Al-Shafi'i. This is supported by the explicit Hadith narrated from Abu Hurayrah and Zayd ibn Khalid, where the Prophet (peace be upon him) commanded that if an un-married female slave commits fornication, she should be flogged, and if she repeats it, she should be flogged again, and if she repeats it a third time, she should be sold, which is a clear text regarding the flogging of the un-married female slave.
Supporting text
Ibn 'Abbas, Tawus, and Abu 'Ubayd held that if they are married (muhsan), they receive half the punishment prescribed for married women, and there is no punishment for the unmarried, based on the inferential meaning (Dhalil al-Khitab) of Quran 4:25. Dawood held that the female slave receives half the punishment if she marries after the initial offense, but the slave man always receives one hundred lashes. Al-Thawri suggested half the punishment if they are unmarried by wedlock, but stoning if they are married, based on general traditions concerning stoning for married adulterers.