Stoning to death

Praise be to Allaah, I am making this article so that it will clear the misconceptions regarding Stoning to death, Let us see the hadith

The Hadeeth
a). Sahih Bukhari

Bukhari Volume 7, Book 63, Number 195:
Narrated Jabir:

A man from the tribe of Bani Aslam(Maa’iz) came to the Prophet while he was in the mosque and said, “I have committed illegal sexual intercourse.” The Prophet turned his face to the other side. The man turned towards the side towards which the Prophet had turned his face, and gave four witnesses against himself. On that the Prophet called him and said, “Are you insane?” (He added), “Are you married?” The man said, ‘Yes.” On that the Prophet ordered him to be stoned to the death in the Musalla (a praying place). When the stones hit him with their sharp edges and he fled, but he was caught at Al-Harra and then killed
b) Sahih Muslim

In Saheeh Muslim Sahaba says “We took him(Maa`iz) to the Baqi’ al-Gharqad (the graveyard of Medina). We neither tied him nor dug any ditch for him.” [Sahih Muslim Book #017, Hadith #4202]

c). Abu Dawud

Another Hadith says “They then went to the Prophet (peace_be_upon_him) and reported it(His running while stoning) to him. He said: Why did you not leave him alone. Perhaps he might have repented and been forgiven by Allah.(Abu Dawud Book #38, Hadith #4405 Authenticated by Shaykh Al Bani, al-Hafiz Ibne Hajar Asqalani, al-Hakim,Dahabee see detail in the book “Erwa al Ghulail hadith no: 2322 Vol 7 page 358).

Commentaries.
a) Imam An Nawawi said
فقال الشافعي وأحمد وغيرهما : يترك ولا يتبع لكي أن يقال له بعد ذلك ، فإن رجع عن الإقرار ترك ، وإن أعاد رجم ، وقال مالك في رواية وغيره : أنه يتبع ويرجم ، واحتج الشافعي وموافقوه بما جاء في رواية أبي داود أن النبي صلى الله عليه وسلم قال : ” ألا تركتموه حتى أنظر في شأنه ” ، وفي رواية : هلا تركتموه فلعله يتوب فيتوب الله عليه
Imam Ash Shafiee, Imam Ahmad and Others says: If he agreed that he did zina(after marriage) and if he is running while stoning, he should be left alone and if he says I did not do zina then he should be left otherwise he will be stoned. Malik says in one of the narration that he should not be left alone and should be killed, Imam Ash Shafiee and those who agreed with him made the evidence from the narration of Sunan Abu Dawood where Prophet peace be uponhim said “Why did you not leave him alone until Allah look into him ” and the narrations “”Why did you not leave him alone. Perhaps he might have repented and been forgiven by Allah”[Sharah an Nawawy, Book of Hudood Chapter on HE WHO CONFESSES HIS GUILT OF ADULTERY]

b) Al-Haafiz Ibn Hajar said:
It may be understood from this case – the case of Maa’iz when he confessed to having committed zina – that it is mustahabb for the one who falls into a similar sin to repent to Allaah and conceal his sin and not mention it to anyone, as Abu Bakr and ‘Umar said to Maa’iz. Whoever discovers anything of that nature should conceal it according to what we have mentioned; he should not expose it or refer the matter to the ruler, as the Prophet (peace and blessings of Allaah be upon him) said in this story: “If you had concealed it with your garment it would have been better for you.” Hence al-Shaafa’i (may Allaah be pleased with him) said: “If a person commits a sin and Allaah conceals it for him, I prefer for him to conceal it too and to repent,” and he quoted as evidence the story of Maa’iz with Abu Bakr and ‘Umar.[Fath al-Baari, 12/124, 125]

c) Shaykh Muhammad Dawud Raz mentioned
Another hadith says when Prophet peace be upon him heard that he ran away, he(peace be upon him) said “Why did you not leave him alone. Perhaps he might have repented and been forgiven by Allah”. This is the saying of Imam Shafiee and Ahlul hadeeth that If he is agreeing that he did zina(after marriage) and if he is running while stoning, immediately he should be left alone [Commentary of Sahih Bukhari by Muhammad Dawud Raz checked by Shaykh Abds Salam Bastawi and Shaykh Abdul Jabbar Salafi Vol 7 page 51]

d) Mulla Ali al Qari said:
Mulla Ali al Qari said:
في شرح السنة : فيه دليل على أن من أقر على نفسه بالزنا إذا رجع في خلال الحد فقال : كذبت أو ما زنيت أو رجعت ، سقط ما بقي من الحد عنه ، وكذلك السارق وشارب الخمر .
It is mentioned in Sharah as-Sunnah (by al Baghwi 433 H 516 H): In this hadith there is an evidence that if someone confesses his guilt of adultery and then he turns away (from his confession) by saying: I have lied or I have not committed fornication or i take my words back. The remaining punishment will be void. Same is the case with a thief and a drunkard. [Mirqaat under 3656]

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Fatwas

a) Islam qa fatwa no: 47924 says

The expiation for committing zina with a married woman or any other is sincere repentance that fulfils all the conditions of repentance. That involves giving up the sin completely, regretting what one has done and resolving never to go back to it. Whoever does that has repented to Allaah, and whoever repents, Allaah will accept his repentance and turn his bad deeds into good deeds, as Allaah says:

“Know they not that Allaah accepts repentance from His slaves and takes the Sadaqaat (alms, charity), and that Allaah Alone is the One Who forgives and accepts repentance, Most Merciful?”[al-Tawbah 9:104]

Allah says

68. “And those who invoke not any other ilaah (god) along with Allaah, nor kill such person as Allaah has forbidden, except for just cause, nor commit illegal sexual intercourse and whoever does this shall receive the punishment.
69. The torment will be doubled to him on the Day of Resurrection, and he will abide therein in disgrace;
70. Except those who repent and believe (in Islamic Monotheism), and do righteous deeds; for those, Allaah will change their sins into good deeds, and Allaah is Oft‑Forgiving, Most Merciful”[al-Furqaan 25:68-70]

Al-Bukhaari (4436) and Muslim (174) narrated from Ibn ‘Abbaas (may Allaah be pleased with him) that some people from among the mushrikeen who had killed and killed a great deal, and committed zina and done it a great deal came to Muhammad (peace and blessings of Allaah be upon him) and said: “What you are saying and calling us to is good, if only you could tell us that there is any expiation for what we have done.” Then the words “And those who invoke not any other ilaah (god) along with Allaah, nor kill such person as Allaah has forbidden, except for just cause, nor commit illegal sexual intercourse” [al-Furqaan 25:68] and “Say: O ‘Ibaadi (My slaves) who have transgressed against themselves (by committing evil deeds and sins)! Despair not of the Mercy of Allaah” [al-Zumar 39:52] were revealed. (end)

Whoever falls into zina must hasten to repent to Allaah and conceal himself with His concealment, and not disclose what he has done, because the Prophet (peace and blessings of Allaah be upon him) said:

“Avoid this filthy thing that Allaah has forbidden, and whoever commits any sin of that nature let him conceal himself with the concealment of Allaah.” Narrated by al-Bayhaqi and classed as saheeh by al-Albaani in al-Silsilah al-al-Saheehah, 663

 

Muslim (2590) narrated from Abu Hurayrah (may Allaah be pleased with him) that the Prophet (peace and blessings of Allaah be upon him) said: “Allaah does not cover any slave in this world but Allaah will also cover him on the Day of Resurrection.” (end quote from fatwa of Islam qa)
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b) Dr Salah al Sawy issued a fatwa (see his biography here http://www.shariaacademy.com/instructorpage.php?id=10 )

Question
May the peace, mercy and blessing of Allah be upon you.
I wrote to you before and told you my story…I am a married woman who fell into a great sin, meaning the sin of adultery. I don’t know if the reasons behind it are enough to make up for what I did, but I don’t want to find an excuse for myself and let myself off the hook. My husband travelled abroad and left me with three children, the oldest of which is nine years old. He [their father] is now in America.

I begged him to let us stay together, but he refused and forced the situation on me. He has never, since I first met him, given my opinion any consideration. He used to treat me like I was too insignificant to make any decision. From that point on, he always made me feel hopeless, even though I served him like a slave in everything. I searched for what I wanted from him in someone else. I went back to an old relationship, and I found in it the worldly warmth and compassion of lost love and the loving home I did not find anywhere else. I got physical with him, we reached this devastating point, and now I am in despair. I feel so far from Allah’s Mercy. Could Allah ever accept my repentance? And do I have to receive the hadd punishment (stoning) for my repentance to be accepted? What about my husband? Can I keep this secret from him for the rest of my life? Can I continue my life with him as though nothing ever happened? Please, I would like convincing replies to my questions. Note that my husband has not come back yet and he insists that we not go with him, even though he would be capable of that because we’ve already gotten green cards to travel to America. I’ve thought a lot about traveling without his permission, which would be much less worse than continuing with this insanity. My faith is weak, and I feel that my inability to leave this boyfriend is the price for what I have done.

Fatwa
In the Name of Allah, the Beneficent, the Merciful,

All praise is due to Allah, and may peace and blessing be upon the Messenger of Allah, upon his household, his companions and those who have followed him. To proceed:

We have mentioned before that zina (unlawful sexual intercourse) is a heinous crime, and it is even more destructive and evil when committed by a married woman. Zina does not co-exist with faith, for the adulterer is not a believer at the time of committing adultery [as per the hadith]. Indeed, the Prophet (may Allah bless him and grant him peace) saw the punishment of those who commit zina in the Hereafter. He found them gathered naked in an oven, the top of which is narrow and the bottom of which is wide. So, the matter is extremely serious. While the circumstances you mention may explain what happened, they do not justify it in any way, shape or form. There is no way out of this trial, except through repentance—true, immediate, sincere repentance—and one of the requirements of true, complete repentance is that you leave the land where the sin was committed. Staying in this place entices you to this obscene act and tempts you to keep doing it, and that is suicide itself!

I think you should continue to plead with your husband to send for you to live near him, but do not tell him anything that happened. Keep this devastating scandal a secret, for the rule concerning anyone suffering with any of these dirty secrets is to conceal it with the cover Allah has provided, for the people will disgrace you, but they will not change you, while Allah will change you and not disgrace you. If Allah opens his heart to this, start a new, clean life with him, and be frequent in doing good deeds and acts of worship when you are alone. Wash away the traces of these mistakes with the tears of repentance, but do not lose hope in Allah’s Mercy in the end, for Allah accepts repentance from His slaves and pardons all sins.

My sin loomed large, but when I compared it
To Your forgiveness, my Lord, Your forgiveness was still greater.

And Allah Almighty is the Most High, and He knows best. (Source of Fatwa: http://www.amjaonline.com/en_f_details.php?fid=78487 )
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c) Shaykh Muhammad Salih al Munajjid said
1) Do not despair, for Allaah the Most Exalted and Glorified said (interpretation of the meaning): “Say: Oh my servants who have transgressed against their souls! Despair not of the mercy of Allaah, for Allaah forgives all sins; for He is oft-forgiving, most merciful.” [Surah 39,Verse 53]

2) Let your repentance be truly from your heart, and stay away from all sources of temptations. Also, perform many good deeds, as good deeds abrogate the bad ones.

3) If you repent to Allah, you are no longer described as a fornicator (zaani). Therefore, you can marry a chaste woman.

4) The believer has high hope and aspiration for the best from Allaah. He not only asks Allah for making his punishment easy in hellfire, but he also prays to God the Almighty to save him from Hell and award him with paradise for his repentance and good deeds.[Islam QA Fatwa no: 624] d) Repentance
a) Bukhari Volume 8, Book 82, Number 812:
Narrated Anas bin Malik:

While I was with the Prophet a man came and said, “O Allah’s Apostle! I have committed a legally punishable sin; please inflict the legal punishment on me’.’ The Prophet did not ask him what he had done. Then the time for the prayer became due and the man offered prayer along with the Prophet , and when the Prophet had finished his prayer, the man again got up and said, “O Allah’s Apostle! I have committed a legally punishable sin; please inflict the punishment on me according to Allah’s Laws.” The Prophet said, “Haven’t you prayed with us?’ He said, “Yes.” The Prophet said, “Allah has forgiven your sin.” or said, “….your legally punishable sin.”(end quote)

Comment: One can see He was forgiven because he did repentence and even the person claimed his sin, Prophet peace be upon him concealed his sin.
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b) Hadith says: Anas [May Allah be pleased with him narrates: “I heard the Messenger of Allah (peace and blessings of Allah be upon him) say: ‘Allah says: “O son of Adam, so long as you call upon Me and ask of Me, I shall forgive you for what you have done, and I shall not mind. O son of Adam, were your sins to reach the clouds of the sky and were you then to ask forgiveness of Me, I would forgive you and I would not mind. O son of Adam, were you to come to Me with sins nearly as great as the earth and were you then to face Me, ascribing no partner to Me, I would bring you forgiveness nearly as great as it.”’ (classed as hasan by Shaykh al-Albaani in Saheeh al-Jaami’, 4338)
c) It was narrated that Sa’eed bin Sa’d bin `Ubadah said:

“There was a man living among our dwellings who had a physical defect, and to our astonishment he was seen with one of the slave women of the dwellings, committing illegal sex with her. Sa’d bin ‘Ubadah referred his case to the Messenger of Allah (ﷺ), who said: ‘Give him one hundred lashes.’ They said: ‘O Prophet (ﷺ) of Allah (ﷺ), he is too weak to bear that. If we give him one hundred lashes he will die.’ He said: “Then take a branch with a hundred twigs and hit him once.” [Ibn Maja Vol. 3, Book 20, Hadith 2574] d) Ibn Rajab al-Hanbali (may Allaah have mercy on him) said:

It was said to al-Hasan al-Basri: One of us feels too shy before his Lord to ask forgiveness for his sin then go back to it, then ask forgiveness then go back (to his sin)? He said: The shaytaan wishes that he could achieve that with you. Do not tire of seeking forgiveness.

And it was narrated that he said: I think that this is the attitude of the believers – i.e., every time a believer sins, he repents.[Jaami’ al-‘Uloom wa’l-Hukam (1/165).]

Conclusion
1. First thing to note is that No one should do zina it is one of the biggest sin.
2. If he did he should not tell anyone and he should repent Insha`Allah Allah will forgive him.
3. If he agrees in front of Judge that he did zina after marriage then the hud Punishment (Stoning to death) should be imposed on him because husband betraying wife or wife betraying husband is the most grave sin after shirk and killing a soul.and if he fled he should be left alone so that the judge might ascertain it from him and maybe he is going to repent and Allah will forgive him

Related links
a) He wants to repent from homosexuality and needs help
http://islamqa.com/en/ref/27176/
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b) Does Allaah accept a person’s repentance every time he sins and repents, even if he does that many times?
http://islamqa.com/en/ref/45887/
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c) Alleged Missing Qur’anic Verse of Rajam (Stoning)
http://www.islamic-life.com/other-refutations/quran/article-missing-quranic-verse-rajam-stoning