Ibn ‘Abbas said that when Ma'iz b. Malik came to the Prophet and he* said, “Perhaps you kissed, or squeezed, or looked,” he replied, “No, Messenger of God.” He then said, “Did you have intercourse with her?” asking the question in plain words, and when he replied that he had, he gave orders that he should be stoned to death. Bukhari transmitted it.* i.e. the Prophet. The tradition leaves it to be inferred that Ma'iz had confessed to committing fornication.
Commentary on the Hadith of Ma'iz ibn Malik
This narration from Sahih al-Bukhari, as recorded in Mishkat al-Masabih 3561 under "Prescribed Punishments," demonstrates the meticulous procedure the Prophet Muhammad (peace be upon him) followed before implementing a legal punishment (hadd). The Prophet's repeated questioning—"Perhaps you kissed, or squeezed, or looked"—was not to uncover the sin but to ascertain its precise legal category and to provide Ma'iz with opportunities to retract his confession. This reflects the Islamic legal principle of seeking doubts to avert the prescribed punishments.
Legal Principles Derived
The Prophet's insistence on a clear, unambiguous confession using the explicit term "intercourse" establishes that for the punishment of stoning for fornication to be applied, the confession must be specific, voluntary, and repeated without coercion or ambiguity. The initial acts mentioned (kissing, touching) do not constitute the legal crime of zinā that mandates stoning.
This incident underscores the gravity with which Islamic law treats the application of hudud (prescribed punishments), making their implementation exceedingly difficult by erecting high evidentiary standards. The primary objective is not merely to punish but to establish justice, protect society from moral corruption, and encourage repentance while making legal punishment a last resort.
Scholarly Observations
Classical scholars note that Ma'iz's persistence in confessing despite the Prophet's attempts to divert him demonstrates the completeness of his repentance and his desire for purification in the Hereafter. The stoning thus served as both a legal punishment and an expiation for his sin.
This tradition also illustrates the balance between God's mercy and His justice. While the punishment appears severe, the procedural safeguards ensure it is applied only when the evidence is incontrovertible, protecting individuals from false accusations and hasty judgments.