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Fatwa CenterThe Punishment of an Adulteress
Question
What is the right way to punish the adulteress?Is stoning to death an order in the Quran or in Sharia?Stoning to death ia a law of Judaism, does it still apply in Islam?Is the man involved is to be punished too or just the woman?I will appreciate an early answer, due to the Nigerian sister's contraversial issue of adultery.
Answer
All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad 
is His slave and Messenger.
No doubt that Zina (fornication or adultery) is a crime against humanity because it deos not only spread vice and depravity but also spoils the progeny by making it mixed up, let alone its crucial role in spreading diseases, including AIDS. This is why the Islamic Sharee’ah has established very severe sanctions for anybody who commits it. So, for the fornicator, he is given a hundred lashes and exiled for a year. This punishment is only implemented on the person who confesses to having committed Zina, or following the testimony of four male witnesses, or for the pregnant non-married woman who committed Zina. Allah Says (what means): {The [unmarried] woman or [unmarried] man found guilty of sexual intercourse - lash each one of them with a hundred lashes.} [Quran 24:2]
But if the person is Thayyib (a person who is currently married or was married before), the punishment is stoning. So, if there is evidence that he/she is an adulterer, he/she is stoned to death.
Stoning is clearly stated in all the authentic Islamic sources. Allah said in an abrogated verse, the meaning of which was not abrogated: "If the old man and the old woman commit Zina do stone them absolutely." From the Sunah, Abu Hurayrah 
narrated that a Muslim man from the tribe of Beni Aslam came to the Prophet while he was in the mosque, and called him saying, 'O Messenger of Allah! I have committed adultery.' The Messenger of Allah turned his face away from him, so the man came round (from the other side) towards his face and said, 'O Messenger of Allah! I have committed adultery.' The Messenger of Allah again turned his face away from him, but the man repeated his statement four times. When he testified four times that he did it, the Messenger of Allah called him saying, "Are you insane?" The man said, 'No.' The Messenger of Allah then asked him, "Are you married?" The man answered, 'Yes.' The Messenger of Allah said: "Take him away and stone him (to death)." [Al-Bukhari and Muslim]
Muslim also narrated that the Prophet said: "Take this (teaching) from me, take this from me; Allah has given them a way. If a virgin male commits fornication with a virgin female, then flog them with a hundred stripes and exile them for a year. If two people commit Zina and none of them is virgin (i.e. they are married or previously married), then flog both of them with a hundred stripes and pelt them both with stones to death."
So, if there is evidence that a man committed adultery with a woman, both of them should be stoned to death. But if only one of them confessed to have committed Zina, then it is only that one who is punished by stoning.
On the other hand, the fact that stoning exists in Judaism does not have any influence on the Islamic Verdict.
Allah knows best.
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