Hadith Text & Context

The Prophet (ﷺ) said to Ma'iz ibn Malik: Perhaps you kissed, or squeezed, or looked. He said: No. He then said: Did you have intercourse with her? He said: Yes. On the (reply) he (the Prophet) gave order that he should be stoned to death.

This narration from Sunan Abi Dawud 4427 in the Book of Prescribed Punishments (Kitab Al-Hudud) demonstrates the Prophet's meticulous approach to establishing guilt before applying the hadd punishment for unlawful sexual intercourse (zina).

Scholarly Commentary

The Prophet's progressive questioning reveals Islamic legal wisdom: he first suggested lesser physical contacts that might not constitute full zina requiring stoning. This shows the Shari'ah's preference for interpreting doubtful cases in the most lenient manner possible.

Ma'iz's confession demonstrates the Islamic principle that hudud punishments require clear, unequivocal evidence or voluntary confession without coercion. The Prophet gave multiple opportunities to retract or clarify, emphasizing the gravity of capital punishment.

Classical scholars note that the Prophet's method establishes that judges should exhaust all possibilities for doubt before applying hadd punishments. The gradual questioning serves as a legal safeguard, ensuring punishments are only applied when guilt is absolutely certain.

Legal Principles Derived

Confession must be explicit and specific regarding the act constituting zina. General admissions are insufficient for applying hudud.

The judge should guide the confessor toward possible lesser interpretations of their actions before accepting a confession warranting capital punishment.

Islamic law prioritizes prevention of punishment through legal technicalities when there is any ambiguity, reflecting the principle "ward off hudud through doubts."