The Messenger of Allah (ﷺ) asked Ma’iz b. Malik : Is what I have heard about you is true? He said: What have you heard about me? He said: I have heard that you have had intercourse with a girl belonging to the family of so and so. He said: Yes. He then testified four times. He (The prophet) then gave order regarding him and he was stoned to death.
Hadith Text & Context
The Messenger of Allah (ﷺ) asked Ma'iz b. Malik: Is what I have heard about you true? He said: What have you heard about me? He said: I have heard that you have had intercourse with a girl belonging to the family of so and so. He said: Yes. He then testified four times. He (The prophet) then gave order regarding him and he was stoned to death.
Reference: Sunan Abi Dawud 4425 | Book: Prescribed Punishments (Kitab Al-Hudud)
Scholarly Commentary
This narration demonstrates the proper procedure for implementing the hadd punishment for unlawful sexual intercourse (zina). The Prophet (ﷺ) did not act upon mere rumors but sought confirmation through questioning and confession.
Ma'iz's fourfold testimony represents the Islamic legal requirement of four witnesses or a voluntary confession for establishing zina. His repeated confession shows the importance of certainty in implementing hudud punishments.
The Prophet's approach exemplifies Islamic justice: giving multiple opportunities for retraction, ensuring the accused understands the consequences, and only proceeding when evidence is incontrovertible.
Legal Principles Derived
Hudud punishments require either four upright witnesses or a clear, repeated confession without coercion.
The ruler must investigate allegations thoroughly and not act upon mere suspicion or rumor.
Confession must be voluntary and the accused should be made aware of the severe consequences.
Opportunities for retraction should be provided until the punishment is implemented.
Scholarly Observations
Classical scholars note that Ma'iz's case represents the ideal application of hudud - where the punishment serves as purification for the sinner in the hereafter.
The narration shows the Prophet's mercy in repeatedly giving Ma'iz opportunities to reconsider his confession, reflecting Islam's preference for repentance over punishment.
This hadith establishes that stoning is the prescribed punishment for married persons who commit adultery, as Ma'iz was known to be of marriageable age and status.