Limits and Punishments set by Allah (Hudood)
كتاب الحدود
Chapter 21: The sin of illegal sexual intercourse
The Prophet (ﷺ) said, "The one who commits an illegal sexual intercourse is not a believer at the time of committing illegal sexual intercourse and a thief is not a believer at the time of committing theft and a drinker of alcoholic drink is not a believer at the time of drinking. Yet, (the gate of) repentance is open thereafter."
I said, "O Allah's Messenger (ﷺ)! Which is the biggest sin?" He said, "To set up rivals to Allah by worshipping others though He alone has created you." I asked, "What is next?" He said, "To kill your child lest it should share your food." I asked, "What is next?" He said, "To commit illegal sexual intercourse with the wife of your neighbor."
Chapter 22: The Rajm of a married person
from `Ali when the latter stoned a lady to death on a Friday. `Ali said, "I have stoned her according to the tradition of Allah's Messenger (ﷺ)."
I asked `Abdullah bin Abi `Aufa, 'Did Allah's Messenger (ﷺ) carry out the Rajam penalty ( i.e., stoning to death)?' He said, "Yes." I said, "Before the revelation of Surat-an-Nur or after it?" He replied, "I don't Know."
A man from the tribe of Bani Aslam came to Allah's Messenger (ﷺ) and Informed him that he had committed illegal sexual intercourse and bore witness four times against himself. Allah's Messenger (ﷺ) ordered him to be stoned to death as he was a married Person.
Chapter 23: An insane should not be stoned to death
A man came to Allah's Messenger (ﷺ) while he was in the mosque, and he called him, saying, "O Allah's Apostle! I have committed illegal sexual intercourse.'" The Prophet (ﷺ) turned his face to the other side, but that man repeated his statement four times, and after he bore witness against himself four times, the Prophet (ﷺ) called him, saying, "Are you mad?" The man said, "No." The Prophet (ﷺ) said, "Are you married?" The man said, "Yes." Then the Prophet (ﷺ) said, 'Take him away and stone him to death." Jabir bin `Abdullah said: I was among the ones who participated in stoning him and we stoned him at the Musalla. When the stones troubled him, he fled, but we over took him at Al-Harra and stoned him to death.
Chapter 24: The stone is for illegal sexual intercourse
Sa`d bin Abi Waqqas and `Abd bin Zam`a quarrelled with each other (regarding a child). The Prophet (ﷺ) said, "The boy is for you, O `Abd bin Zam`a, for the boy is for (the owner) of the bed. O Sauda ! Screen yourself from the boy." The sub-narrator, Al-Laith added (that the Prophet (ﷺ) also said), "And the stone is for the person who commits an illegal sexual intercourse."
The Prophet (ﷺ) said, "The boy is for (the owner of) the bed and the stone is for the person who commits illegal sexual intercourse.'
Chapter 25: The Rajm at the Balat
A Jew and a Jewess were brought to Allah's Messenger (ﷺ) on a charge of committing an illegal sexual intercourse. The Prophet (ﷺ) asked them. "What is the legal punishment (for this sin) in your Book (Torah)?" They replied, "Our priests have innovated the punishment of blackening the faces with charcoal and Tajbiya." `Abdullah bin Salam said, "O Allah's Messenger (ﷺ), tell them to bring the Torah." The Torah was brought, and then one of the Jews put his hand over the Divine Verse of the Rajam (stoning to death) and started reading what preceded and what followed it. On that, Ibn Salam said to the Jew, "Lift up your hand." Behold! The Divine Verse of the Rajam was under his hand. So Allah's Apostle ordered that the two (sinners) be stoned to death, and so they were stoned. Ibn `Umar added: So both of them were stoned at the Balat and I saw the Jew sheltering the Jewess.
Chapter 26: The Rajm at the Musalla
A man from the tribe of Aslam came to the Prophet (ﷺ) and confessed that he had committed an illegal sexual intercourse. The Prophet (ﷺ) turned his face away from him till the man bore witness against himself four times. The Prophet (ﷺ) said to him, "Are you mad?" He said "No." He said, "Are you married?" He said, "Yes." Then the Prophet (ﷺ) ordered that he be stoned to death, and he was stoned to death at the Musalla. When the stones troubled him, he fled, but he was caught and was stoned till he died. The Prophet (ﷺ) spoke well of him and offered his funeral prayer.
Chapter 27: If somebody commits a sin less than the legal punishment and informs the ruler, no punishment is to be inflicted on him after his repentance
A person had sexual relation with his wife in the month of Ramadan (while he was fasting), and he came to Allah's Messenger (ﷺ) seeking his verdict concerning that action. The Prophet (ﷺ) said (to him), "Can you afford to manumit a slave?" The man said, "No." The Prophet (ﷺ) said, "Can you fast for two successive months?" He said, "No." The Prophet (ﷺ) said, "Then feed sixty poor persons."
A man came to the Prophet (ﷺ) in the mosque and said, "I am burnt (ruined)!" The Prophet (ﷺ) asked him, "With what (what have you done)?" He said, "I have had sexual relation with my wife in the month of Ramadan (while fasting)." The Prophet (ﷺ) said to him, "Give in charity." He said, "I have nothing." The man sat down, and in the meantime there came a person driving a donkey carrying food to the Prophet (ﷺ) ..... (The sub-narrator, 'Abdur Rahman added: I do not know what kind of food it was). On that the Prophet (ﷺ) said, "Where is the burnt person?" The man said, "Here I am." The Prophet (ﷺ) said to him, "Take this (food) and give it in charity (to someone)." The man said, "To a poorer person than l? My family has nothing to eat." Then the Prophet (ﷺ) said to him, "Then eat it yourselves."
Chapter 28: If a person confesses but does not specify the sin can the ruler screen it for him?
While I was with the Prophet (ﷺ) a man came and said, "O Allah's Messenger (ﷺ)! I have committed a legally punishable sin; please inflict the legal punishment on me'.' The Prophet (ﷺ) 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 (ﷺ) , and when the Prophet (ﷺ) had finished his prayer, the man again got up and said, "O Allah's Messenger (ﷺ)! I have committed a legally punishable sin; please inflict the punishment on me according to Allah's Laws." The Prophet (ﷺ) said, "Haven't you prayed with us?' He said, "Yes." The Prophet (ﷺ) said, "Allah has forgiven your sin." or said, "....your legally punishable sin."
Chapter 29: ‘Can’t be that you have only touched the lady or winked at her?”
When Ma'iz bin Malik came to the Prophet (in order to confess), the Prophet (ﷺ) said to him, "Probably you have only kissed (the lady), or winked, or looked at her?" He said, "No, O Allah's Messenger (ﷺ)!" The Prophet said, using no euphemism, "Did you have sexual intercourse with her?" The narrator added: At that, (i.e. after his confession) the Prophet (ﷺ) ordered that he be stoned (to death).
Chapter 30: The question of the ruler to the confessing person, “Are you married?”
A man from among the people, came to Allah's Messenger (ﷺ) while Allah's Messenger (ﷺ) was sitting in the mosque, and addressed him, saying, "O Allah's Messenger (ﷺ)! I have committed an illegal sexual intercourse." The Prophet (ﷺ) turned his face away from him. The man came to that side to which the Prophet had turned his face, and said, "O Allah's Messenger (ﷺ)! I have committed an illegal intercourse." The Prophet (ﷺ) turned his face to the other side, and the man came to that side, and when he confessed four times, the Prophet (ﷺ) called him and said, "Are you mad?" He said, "No, O Allah's Messenger (ﷺ)!" The Prophet said, "Are you married?" He said, "Yes, O Allah's Messenger (ﷺ)." The Prophet (ﷺ) said (to the people), "Take him away and stone him to death." Ibn Shihab added, "I was told by one who heard Jabir, that Jabir said, 'I was among those who stoned the man, and we stoned him at the Musalla (`Id praying Place), and when the stones troubled him, he jumped quickly and ran away, but we overtook him at Al-Harra and stoned him to death (there).' "
Chapter 31: To confess the guilt of illegal sexual intercourse
While we were with the Prophet (ﷺ) , a man stood up and said (to the Prophet (ﷺ) ), "I beseech you by Allah, that you should judge us according to Allah's Laws." Then the man's opponent who was wiser than him, got up saying (to Allah's Messenger (ﷺ)) "Judge us according to Allah's Law and kindly allow me (to speak)." The Prophet (ﷺ) said, "'Speak." He said, "My son was a laborer working for this man and he committed an illegal sexual intercourse with his wife, and I gave one-hundred sheep and a slave as a ransom for my son's sin. Then I asked a learned man about this case and he informed me that my son should receive one hundred lashes and be exiled for one year, and the man's wife should be stoned to death." The Prophet (ﷺ) said, "By Him in Whose Hand my soul is, I will judge you according to the Laws of Allah. Your one-hundred sheep and the slave are to be returned to you, and your son has to receive one-hundred lashes and be exiled for one year. O Unais! Go to the wife of this man, and if she confesses, then stone her to death." Unais went to her and she confessed. He then stoned her to death.
`Umar said, "I am afraid that after a long time has passed, people may say, "We do not find the Verses of the Rajam (stoning to death) in the Holy Book," and consequently they may go astray by leaving an obligation that Allah has revealed. Lo! I confirm that the penalty of Rajam be inflicted on him who commits illegal sexual intercourse, if he is already married and the crime is proved by witnesses or pregnancy or confession." Sufyan added, "I have memorized this narration in this way." `Umar added, "Surely Allah's Messenger (ﷺ) carried out the penalty of Rajam, and so did we after him."
Chapter 32: The Rajm of a married lady pregnant through illegal sexual intercourse
I used to teach (the Qur'an to) some people of the Muhajirln (emigrants), among whom there was `Abdur Rahman bin `Auf. While I was in his house at Mina, and he was with `Umar bin Al-Khattab during `Umar's last Hajj, `Abdur-Rahman came to me and said, "Would that you had seen the man who came today to the Chief of the Believers (`Umar), saying, 'O Chief of the Believers! What do you think about so-and-so who says, 'If `Umar should die, I will give the pledge of allegiance to such-andsuch person, as by Allah, the pledge of allegiance to Abu Bakr was nothing but a prompt sudden action which got established afterwards.' `Umar became angry and then said, 'Allah willing, I will stand before the people tonight and warn them against those people who want to deprive the others of their rights (the question of rulership). `Abdur-Rahman said, "I said, 'O Chief of the believers! Do not do that, for the season of Hajj gathers the riff-raff and the rubble, and it will be they who will gather around you when you stand to address the people. And I am afraid that you will get up and say something, and some people will spread your statement and may not say what you have actually said and may not understand its meaning, and may interpret it incorrectly, so you should wait till you reach Medina, as it is the place of emigration and the place of Prophet's Traditions, and there you can come in touch with the learned and noble people, and tell them your ideas with confidence; and the learned people will understand your statement and put it in its proper place.' On that, `Umar said, 'By Allah! Allah willing, I will do this in the first speech I will deliver before the people in Medina." Ibn `Abbas added: We reached Medina by the end of the month of Dhul-Hijja, and when it was Friday, we went quickly (to the mosque) as soon as the sun had declined, and I saw Sa`id bin Zaid bin `Amr bin Nufail sitting at the corner of the pulpit, and I too sat close to him so that my knee was touching his knee, and after a short while `Umar bin Al-Khattab came out, and when I saw him coming towards us, I said to Sa`id bin Zaid bin `Amr bin Nufail "Today `Umar will say such a thing as he has never said since he was chosen as Caliph." Sa`id denied my statement with astonishment and said, "What thing do you expect `Umar to say the like of which he has never said before?" In the meantime, `Umar sat on the pulpit and when the callmakers for the prayer had finished their call, `Umar stood up, and having glorified and praised Allah as He deserved, he said, "Now then, I am going to tell you something which (Allah) has written for me to say. I do not know; perhaps it portends my death, so whoever understands and remembers it, must narrate it to the others wherever his mount takes him, but if somebody is afraid that he does not understand it, then it is unlawful for him to tell lies about me. Allah sent Muhammad with the Truth and revealed the Holy Book to him, and among what Allah revealed, was the Verse of the Rajam (the stoning of married person (male & female) who commits illegal sexual intercourse, and we did recite this Verse and understood and memorized it. Allah's Messenger (ﷺ) did carry out the punishment of stoning and so did we after him. I am afraid that after a long time has passed, somebody will say, 'By Allah, we do not find the Verse of the Rajam in Allah's Book,' and thus they will go astray by leaving an obligation which Allah has revealed. And the punishment of the Rajam is to be inflicted to any married person (male & female), who commits illegal sexual intercourse, if the required evidence is available or there is conception or confession. And then we used to recite among the Verses in Allah's Book: 'O people! Do not claim to be the offspring of other than your fathers, as it is disbelief (unthankfulness) on your part that you claim to be the offspring of other than your real father.' Then Allah's Messenger (ﷺ) said, 'Do not praise me excessively as Jesus, son of Marry was praised, but call me Allah's Slave and His Apostles.' (O people!) I have been informed that a speaker amongst you says, 'By Allah, if `Umar should die, I will give the pledge of allegiance to such-and-such person.' One should not deceive oneself by saying that the pledge of allegiance given to Abu Bakr was given suddenly and it was successful. No doubt, it was like that, but Allah saved (the people) from its evil, and there is none among you who has the qualities of Abu Bakr. Remember that whoever gives the pledge of allegiance to anybody among you without consulting the other Muslims, neither that person, nor the person to whom the pledge of allegiance was given, are to be supported, lest they both should be killed. And no doubt after the death of the Prophet (ﷺ) we were informed that the Ansar disagreed with us and gathered in the shed of Bani Sa`da. `Ali and Zubair and whoever was with them, opposed us, while the emigrants gathered with Abu Bakr. I said to Abu Bakr, 'Let's go to these Ansari brothers of ours.' So we set out seeking them, and when we approached them, two pious men of theirs met us and informed us of the final decision of the Ansar, and said, 'O group of Muhajirin (emigrants) ! Where are you going?' We replied, 'We are going to these Ansari brothers of ours.' They said to us, 'You shouldn't go near them. Carry out whatever we have already decided.' I said, 'By Allah, we will go to them.' And so we proceeded until we reached them at the shed of Bani Sa`da. Behold! There was a man sitting amongst them and wrapped in something. I asked, 'Who is that man?' They said, 'He is Sa`d bin 'Ubada.' I asked, 'What is wrong with him?' They said, 'He is sick.' After we sat for a while, the Ansar's speaker said, 'None has the right to be worshipped but Allah,' and praising Allah as He deserved, he added, 'To proceed, we are Allah's Ansar (helpers) and the majority of the Muslim army, while you, the emigrants, are a small group and some people among you came with the intention of preventing us from practicing this matter (of caliphate) and depriving us of it.' When the speaker had finished, I intended to speak as I had prepared a speech which I liked and which I wanted to deliver in the presence of Abu Bakr, and I used to avoid provoking him. So, when I wanted to speak, Abu Bakr said, 'Wait a while.' I disliked to make him angry. So Abu Bakr himself gave a speech, and he was wiser and more patient than I. By Allah, he never missed a sentence that I liked in my own prepared speech, but he said the like of it or better than it spontaneously. After a pause he said, 'O Ansar! You deserve all (the qualities that you have attributed to yourselves, but this question (of Caliphate) is only for the Quraish as they are the best of the Arabs as regards descent and home, and I am pleased to suggest that you choose either of these two men, so take the oath of allegiance to either of them as you wish. And then Abu Bakr held my hand and Abu Ubaida bin al-Jarrah's hand who was sitting amongst us. I hated nothing of what he had said except that proposal, for by Allah, I would rather have my neck chopped off as expiator for a sin than become the ruler of a nation, one of whose members is Abu Bakr, unless at the time of my death my own-self suggests something I don't feel at present.' And then one of the Ansar said, 'I am the pillar on which the camel with a skin disease (eczema) rubs itself to satisfy the itching (i.e., I am a noble), and I am as a high class palm tree! O Quraish. There should be one ruler from us and one from you.' Then there was a hue and cry among the gathering and their voices rose so that I was afraid there might be great disagreement, so I said, 'O Abu Bakr! Hold your hand out.' He held his hand out and I pledged allegiance to him, and then all the emigrants gave the Pledge of allegiance and so did the Ansar afterwards. And so we became victorious over Sa`d bin Ubada (whom Al-Ansar wanted to make a ruler). One of the Ansar said, 'You have killed Sa`d bin Ubada.' I replied, 'Allah has killed Sa`d bin Ubada.' `Umar added, "By Allah, apart from the great tragedy that had happened to us (i.e. the death of the Prophet), there was no greater problem than the allegiance pledged to Abu Bakr because we were afraid that if we left the people, they might give the Pledge of allegiance after us to one of their men, in which case we would have given them our consent for something against our real wish, or would have opposed them and caused great trouble. So if any person gives the Pledge of allegiance to somebody (to become a Caliph) without consulting the other Muslims, then the one he has selected should not be granted allegiance, lest both of them should be killed."
Chapter 33: Unmarried should be flogged and exiled
I heard the Prophet (ﷺ) ordering that an unmarried person guilty of illegal sexual intercourse be flogged one-hundred stripes and be exiled for one year. `Umar bin Al-Khattab also exiled such a person, and this tradition is still valid.
Allah's Messenger (ﷺ) judged that the unmarried person who was guilty of illegal sexual intercourse be exiled for one year and receive the legal punishment (i.e., be flogged with one-hundred stripes) .