The Prophet, sallallaahu 'alayhi wa sallam, was not eager to stone adulterers
Fatwa No: 246409

  • Fatwa Date:5-4-2014 - Jumaadaa Al-Aakhir 5, 1435
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Question

hadd why did the prophet stone people for committing adultery. why didn't he tell them to make repentance so sins can be forgiven. in surah furqaan 68-70 it says something about nor commit illegal sexual intercourse Except those who repent and believe, and do righteous deeds

Answer

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

You should know that the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) was not eager to implement the Hadd penalty for Zina (fornication/adultery); rather, he used to seek excuses for those who committed it. He did so, for example, in the case of Maa’iz  may  Allaah  be  pleased  with  him. We have already clarified this in Fatwa 85355.

The Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) hoped that he would not find evidence that would necessitate implementing the Hadd on them. The adulterers who were stoned were Maa’iz and Al-Ghaamidiyyah  may  Allaah  be  pleased  with  them who came confessing their sins and wanting to receive atonement with certainty; so they chose to have the Hadd implemented on them. Please refer to Fatwa 182875.

It should be noted that that who committed Zina is not obliged to come to the governor and admit committing Zina; rather, it is permissible for him/her to repent to his/her Lord and conceal his/her sin. Indeed, the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) urged people to conceal their sins as he said: “Abstain from the abominations which Allaah has forbidden; and whoever happens to commit any of them, let him conceal himself by the concealment of Allaah, and let him repent to Allaah, because if anyone discloses his deeds to us, we will punish him as prescribed in the Book of Allaah.” [Al-Bayhaqui and Al-Haakim]

For more benefit, please refer to Fatwa 81620.

Tolerance with those who have committed what requires a Hadd such as theft, Zina and other sins is permissible as long as this does not reach the governor. If the matter reaches the governor, then there is no tolerance or pardon or intercession; rather, the governor must execute the Hadd.

‘Amr ibn Shu‘ayb reported from his father, from his grandfather, (i.e. Abdullaah ibn 'Amr  may  Allaah  be  pleased  with  him) that the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) said: “Forgive the transgressions of the statutes of Allaah among yourselves, for if I hear of any transgression, then the penalty for it is incumbent.” [Abu Daawood - Al-Haakim and Ibn Hajar classified it as Saheeh (sound)] The Hadeeth that was mentioned earlier also indicates this meaning.

Allaah Knows best.

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