A man committed fornication with a woman. It was not known that he was married. So he was flogged. It was then known that he was married, so he was stoned to death.
Hadith Text & Context
Narrated Abu Hurairah: A man committed fornication with a woman. It was not known that he was married. So he was flogged. It was then known that he was married, so he was stoned to death. (Sunan Abi Dawud 4439)
This narration from the chapter "Prescribed Punishments (Kitab Al-Hudud)" addresses the implementation of Islamic penal law based on available evidence.
Legal Analysis
The hadith demonstrates that punishments are applied according to what is established by evidence. Initially, only flogging was applied because the man's marital status was unknown, making him appear as an unmarried fornicator (punishable by 100 lashes).
When new evidence emerged confirming his married status, the full punishment for adultery (rajm - stoning) was implemented. This shows Islamic law's precision in matching punishments to proven crimes.
Scholarly Commentary
Classical scholars explain that hudud punishments require complete evidence and certainty. The initial judgment was correct based on available knowledge.
Imam Al-Nawawi states: "Punishments are determined by what is apparent. If new evidence emerges, the ruling changes accordingly." This principle protects against arbitrary punishment.
The sequence also demonstrates that Islamic law does not consider punishment twice for the same crime - the flogging was part of the process toward the complete punishment when all facts became known.
Jurisprudential Principles
1. Punishments are based on established evidence, not suspicion
2. Judgments may be revised when new evidence emerges
3. The married fornicator (muhsan) receives different punishment than the unmarried
4. Islamic law maintains flexibility to ensure justice as facts unfold