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[Sharh Muwatta Imam Malik – Shaikh Zubair Ali Zai] – Hadith No.54 –:– The Hadith is also the Book of Allah and The Punishment of Doing Zina

Itihaf ul-Basim Fi Tahqiq Muwatta al-Imam Malik [Talkhis al-Qabisi] Riwayah Abdur Rahman ibn al-Qasim

Tahqiq, Takhrij, Sharh

Muhadith Zubair Ali Zai

Translated Abu Ubaydah
Translated, Checked & Additional Notes
Abu Hibban & Abu Khuzaimah Ansaari

The Hadith is also the Book of Allah and The Punishment of Doing Zina

[54] And from the same chain of narration from Ubaydullah Ibn Abdullah Ibn Utba Ibn Mas’ud that Abu Hurayra and Zayd Ibn Khalid al-Juhani (Radi Allahu Anhuma) informed him that two men brought a dispute to the Messenger of Allah (Sallalahu Alayhi Was-Sallam). One of them said, “Messenger of Allah! Judge between us by the Book of Allah!” The other said, and he was the wiser of the two, “Yes, Messenger of Allah. Judge between us by the Book of Allah and give me permission to speak.” He said, “Speak.” He said, “My son was hired by this person as a labourer (worker, workman) and he committed fornication with his wife. He told me that my son deserved stoning, and I ransomed him for one hundred sheep and a slave-girl. Then I asked the people of knowledge and they told me that my son deserved to be flogged with one hundred lashes and exiled for a year, and they informed me that the woman deserved to be stoned.” The Messenger of Allah (Sallalahu Alayhi Was-Sallam) said, “By him in whose Hand my life is, I will judge between you both by the Book of Allah. As for your sheep and slave girl, they should be returned to you. Your son should have one hundred lashes and be exiled for a year.” He ordered Unays al-Aslami to go to the wife of the other man and to stone her if she confessed. She confessed and he stoned her. 

Imam Malik said, “A labourer (workman) is called an Asif”

[GRADING] – [SAHIH]

Ibn Shihab az-Zuhri clarified hearing (this hadith from Ubaydullah Ibn Abdullah Ibn Utba Ibn Mas’ud) in Bukhari (no.6827, no.6828)

[REFERENCES] – [BUKHARI]

Al-Muwatta (Yahya’s narration 2/822 hadith no.1597, book 41, chapter 1, hadith no.6) at-Tamhid (9/71, 72) al-Istidhkar: (no.1526)  

Transmitted by Bukhari (no.6633, no.6634) from the hadith of Malik and narrated by Muslim (25/1697, 1698) from the hadith of az-Zuhri.

[UNDERSTANDING FROM THE HADITH]

1) The punishment for the person who is married and commits Zina is stoning to death. Also see hadith (no.41) (of this book)

2) Stoning is not mentioned clearly in the Quran, however it is known from the saying of the Prophet (Sallalahu Alayhi Was-Sallam), “I will judge between you both by the Book of Allah (Quran).” that the hadith is also the Book of Allah (Quran) therefore the rejector of stoning is a rejector of the Book of Allah (Quran).

3) The decision and judgment for all the differences should be in accordance to the hadith of the Messenger of Allah (Sallalahu Alayhi Was-Sallam). Imam Sufyan Ibn Uyayna Maki used to say, “Without a shadow of a doubt the Messenger of Allah (Sallalahu Alayhi Was-Sallam) is the greatest balance (weigh scale). So everything will be referred back to him. In accordance to his manners, his lifestyle, and his way. So whatever is in accordance to him then that will be the truth and whatever goes against him then that will be false.” (al-Jami’ ul-Akhlaq ar-Rawi Wa Adab us-Sami’ of al-Khatib (1/79) hadith (no.8) and its chain is [Hasan] good)

4) The unmarried person who commits Zina, along with being given 100 lashes, can also be punished with 1 year of exile. Abu Bakr as-Sidiq and Umar (Radi Allahu Anhuma) both gave 100 lashes and 1 year exile punishment to the person who committed zina (whilst being unmarried). As-Sunan al-Kubra of al-Bayhaqi ((8/223) and its chain is authentic) and al-Jami’ of at-Tirmidhi ((no.1438) and he said, “Gharib” and its chain is authentic) Ali (Radi Allahu Anhu) gave a man (who committed Zina) 1 year exile. (as-Sunan al-Kubra of al-Bayhaqi (8/223) and its chain is authentic) Ubay Ibn Ka’b (Radi Allahu Anhu) said, “The unmarried persons who commit Zina are given 100 lashes and exile, and the married persons who commit Zina are stoned to death” (as-Sunan al-Kubra of al-Bayhaqi (8/223) and its chain is authentic)

5) Hafidh Ibn Abul Bar used to say, “Most of the people of innovation in the religion reject the punishment of stoning to death and don’t recognise it. These people (the people of innovation in the religion) are not convinced (of the saying) for stoning to death of all types of Zina, whether the person is married or unmarried.”(at-Tamhid (9/83)) It is known from this that rejecting the punishment of stoning to death for the married person is an innovation in the religion.

6) Some scholars are against exiling the female who has committed zina because of the fear of fitna. at-Tamhid (9/88)

7) It is not necessary for the person who has committed Zina to confess four times in order for the established Had punishment to occur, rather one confession (declaration) by that person is enough.

8) Khabr Wahid is a proof.

9) The decision and judgment of the Judge is implemented in the rulings.

10) All decisions and judgements that go against the Quran and sunnah are false and rejected.

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