The Quran states that the punishment for fornication is one hundred lashes.
24:2 The adulteress and the adulterer you shall whip each of them a hundred lashes. Do not be swayed by pity from carrying out GOD’s law, if you truly believe in GOD and the Last Day. And let a group of believers witness their penalty.
The Quran also states that the punishment for a slave who is married and commits adultery is half that of a free woman.
4:25 Those among you who cannot afford to marry free believing women, may marry believing slave women. GOD knows best about your belief, and you are equal to one another, as far as belief is concerned. You shall obtain permission from their guardians before you marry them, and pay them their due dowry equitably. They shall maintain moral behavior, by not committing adultery, or having secret lovers. Once they are freed through marriage, if they commit adultery, their punishment shall be half of that for the free women. Marrying a slave shall be a last resort for those unable to wait. To be patient is better for you. GOD is Forgiver, Most Merciful.
But if we look at the Hadith literature, it states that the punishment for adultery is stoning.
Narrated Zaid bin Khalid and Abu Huraira: The Prophet (ﷺ) said, “O Unais! Go to the wife of this (man) and if she confesses (that she has committed illegal sexual intercourse), then stone her to death.”
حَدَّثَنَا أَبُو الْوَلِيدِ، أَخْبَرَنَا اللَّيْثُ، عَنِ ابْنِ شِهَابٍ، عَنْ عُبَيْدِ اللَّهِ، عَنْ زَيْدِ بْنِ خَالِدٍ، وَأَبِي، هُرَيْرَةَ رضى الله عنهما عَنِ النَّبِيِّ صلى الله عليه وسلم قَالَ “ وَاغْدُ يَا أُنَيْسُ إِلَى امْرَأَةِ هَذَا، فَإِنِ اعْتَرَفَتْ فَارْجُمْهَا ”.
Sahih al-Bukhari 2314, 2315
https://sunnah.com/bukhari:2314
The Hadith even asserts that stoning was part of the Quran but that the verses were eaten by a goat or sheep and, therefore, abrogated.
It was narrated that ‘Aishah said: “The Verse of stoning and of breastfeeding an adult ten times was revealed1, and the paper was with me under my pillow. When the Messenger of Allah died, we were preoccupied with his death, and a tame sheep came in and ate it.”
1: These verses were abrogated in recitation but not ruling. Other ahadith establish the number for fosterage to be 5.
Sunan Ibn Majah 1944
https://sunnah.com/ibnmajah:1944
In other narrations, Umar is attributed with saying he wanted to add it to the Quran but resisted because of the issues this would create.
‘Umar bin Al-Khattab said: “ The Messenger of Allah (ﷺ) stoned, Abu Bakr stoned, and I stoned. If I didn’t dislike that I add to the Book of Allah. I would have written it in the Mushaf, for I fear that there will come a people and they will not find it in the Book of Allah, so they will disbelieve in it. “
Narrated Ibn Abbas: 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.”
حَدَّثَنَا عَلِيُّ بْنُ عَبْدِ اللَّهِ، حَدَّثَنَا سُفْيَانُ، عَنِ الزُّهْرِيِّ، عَنْ عُبَيْدِ اللَّهِ، عَنِ ابْنِ عَبَّاسٍ ـ رضى الله عنهما ـ قَالَ قَالَ عُمَرُ لَقَدْ خَشِيتُ أَنْ يَطُولَ بِالنَّاسِ زَمَانٌ حَتَّى يَقُولَ قَائِلٌ لاَ نَجِدُ الرَّجْمَ فِي كِتَابِ اللَّهِ. فَيَضِلُّوا بِتَرْكِ فَرِيضَةٍ أَنْزَلَهَا اللَّهُ، أَلاَ وَإِنَّ الرَّجْمَ حَقٌّ عَلَى مَنْ زَنَى، وَقَدْ أَحْصَنَ، إِذَا قَامَتِ الْبَيِّنَةُ، أَوْ كَانَ الْحَمْلُ أَوْ الاِعْتِرَافُ ـ قَالَ سُفْيَانُ كَذَا حَفِظْتُ ـ أَلاَ وَقَدْ رَجَمَ رَسُولُ اللَّهِ صلى الله عليه وسلم وَرَجَمْنَا بَعْدَهُ.
Sahih al-Bukhari 6829
https://sunnah.com/bukhari:6829
The Lost Stoning Verses According to Hadith
This supposed stoning verse can still be found in the Hadith corpus. In the Sunan of Ibn Majah 2553, it quotes this attributed verse.
It was narrated from Ibn Abbas that Umar bin Khattab said: “I fear that after a long time has passed, some will say: ‘I do not find (the sentence of) stoning in the Book of Allah (ﷺ),’ and they will go astray by abandoning one of the obligations enjoined by Allah (SWT). Rather stoning is a must if a man is married (or previously married) and proof is established, or if pregnancy results or if he admits it. I have read it (in the Quran). “And if an old man and an old woman commit adultery, stone them both.” The Messenger of Allah (ﷺ) stoned (adulterers) and we stoned (them) after him.’”
There are several major issues with this statement that are exceptionally suspect.
1. The term “ a-shaikhu” ( الشَّيْخُ) doesn’t just mean an old man but implies an impotent old man. This word is used four times in the Quran (11:72, 12:78, 28:23, and 40:67), with the context most clearly used in the response from Abraham’s wife when the angels provided them the news that she was going to bear a son.
11:72 She said, “Woe to me, how could I bear a child at my age, and here is my husband; an old man? This is really strange!”
2. Just like how in the English language, we would not call a woman impotent, the word “ a-shaikhatu” ( الشَّيْخَةُ) in the feminine form is almost never used in Classical Arabic and never utilized in this form in the Quran. In the Quran, the term that is used for such women would be ʿajūzun ( عَجُوزٌ).
3. The Hadith regarding stoning usually requires pregnancy as proof that the act was committed in order to justify stoning, but this would not apply to two people who are both elderly and impotent unless a miracle was to take place like that of Abraham and his wife.
4. This statement only covers when both the man and woman in the act of adultery are elderly and would not apply to all other situations.
But, in addition to these issues above, the bigger problem is if the punishment for adultery is stoning per the Hadith, then how does one perform half a stoning for a slave who is married and commits adultery?
4:82 Why do they not study the Quran carefully? If it were from other than GOD, they would have found in it numerous contradictions.
So, how do traditionalists attempt to resolve this contradiction? The most common approach is to claim the following:
The punishment in 24:2 is for “a virgin” who commits fornication ( zinā)
The punishment in 4:25 for the slave who commits fornication after marriage is half that of a virgin.
The punishment for someone who commits fornication who is not a virgin is stoning.
Definitions of Muhsanat and zinā
To attempt to justify the above claim, they need to force two definitions, that of the word “ l-muḥ’ṣanāti” ( ٱلْمُحْصَنَـٰتِ) and the other that of the word “ l-zinā” ( ٱلزِّنَىٰٓ).
The first is to define the term used in 4:25, “ l-muḥ’ṣanāti” ( ٱلْمُحْصَنَـٰتِ) as a free, chaste, virgin woman, with the emphasis on “virgin.” If we can show that “ l-muḥ’ṣanāti” ( ٱلْمُحْصَنَـٰتِ) is not limited to virgins, like they claim, then their whole argument falls apart.
Below is verse 4:25 again with the word-by-word translation of the specific portion specifying the punishment.
4:25 Those among you who cannot afford to marry free believing women, may marry believing slave women. GOD knows best about your belief, and you are equal to one another, as far as belief is concerned. You shall obtain permission from their guardians before you marry them, and pay them their due dowry equitably. They shall maintain moral behavior, by not committing adultery, or having secret lovers. Once they are freed through marriage, if they commit adultery, their punishment shall be half of that for the free women. Marrying a slave shall be a last resort for those unable to wait. To be patient is better for you. GOD is Forgiver, Most Merciful.
The word “ l-muḥ’ṣanāti” ( ٱلْمُحْصَنَـٰتِ) comes from the root “Ha-Saad-Nun” ( ح ص ن). The root has the derivative meaning of not only being chaste but also when used as a verb, means marriage. This can be seen in the same verse, 4:25, in the word “ uḥ’ṣinna” ( أُحْصِنَّ), which translates to “they were married.” This shows that being chaste does not necessarily imply that someone is a virgin since the last act of finalizing a marriage is consummation.
The word used in the Quran for “a virgin” is “ abkāran” ( أَبْكَارًا), which is used in verses 56:36 and 66:5.
66:5 If he divorces you, his Lord will substitute other wives in your place who are better than you; submitters (Muslims), believers (Mu’mins), obedient, repentant, worshipers, pious, either previously married, or virgins.
The term “chaste” refers to a person’s state of being morally pure, modest, and abstaining from any sexual activity or behavior considered inappropriate or outside the bounds of marriage. A person who is married and engaging in sexual relations with their spouse would still be chaste but obviously not a virgin. Therefore, a married woman who maintains sexual fidelity within her marriage is still “ l-muḥ’ṣanāti” ( ٱلْمُحْصَنَـٰتِ). Therefore, “ l-muḥ’ṣanāti” ( ٱلْمُحْصَنَـٰتِ) is not limited to one who is a virigin.
We see the term “ l-muḥ’ṣanāti” ( ٱلْمُحْصَنَـٰتِ) used in this more general sense in the following verses, which is not limited to virgins but any chaste woman, married or unmarried.
24:4 Those who accuse chaste women of adultery, then fail to produce four witnesses, you shall whip them eighty lashes, and do not accept any testimony from them; they are wicked.
24:23 Surely, those who falsely accuse chaste women who are pious believers have incurred condemnation in this life and in the Hereafter; they have incurred a horrendous retribution.
Another approach to showing that it is a contradiction to say that the punishment for adultery is stoning is by understanding the meaning of “ zinā “ as used in 24:2. Here is the verse again for reference.
24:2 The adulteress and the adulterer you shall whip each of them a hundred lashes. Do not be swayed by pity from carrying out GOD’s law, if you truly believe in GOD and the Last Day. And let a group of believers witness their penalty.
It is worth noting that the words translated as adulteress and adulterer in 24:2, “ al-zāniyatu” ( ٱلزَّانِيَةُ) and “ wal-zān” ( وَٱلزَّانِى) respectively, both signifies adultery and fornication. While adultery typically requires at least one party in the act to be married, fornication refers to sexual intercourse between any two people who are not married to each other. It typically implies a sexual relationship outside the confines of a legally recognized marriage or a relationship that involves individuals who are not in a committed marital partnership.
So, if we can show that zinā does not apply exclusively to someone who is a virgin, then this will also contradict the traditionalist’s claim that lashing is only for virgins. This word is used numerous times in the Quran, and looking at the use of this word, we see that this is not an act that can only be committed by virgins but something that all believers should never go near. If this is something that only virgins could carry out, then the below verse should only be addressed to that group, but it is a commandment for all believers.
17:32 You shall not commit adultery ( l-zinā / ٱلزِّنَىٰٓ); it is a gross sin, and an evil behavior.
We see the word used again in verse 25:68, again as a general commandment for all believers irrespective of their marital status.
25:63 The worshipers of the Most Gracious are those who tread the earth gently, and when the ignorant speak to them, they only utter peace. 25:64 In the privacy of the night, they meditate on their Lord, and fall prostrate. 25:65 And they say, “Our Lord, spare us the agony of Hell; its retribution is horrendous. 25:66 “It is the worst abode; the worst destiny.” 25:67 When they give, they are neither extravagant, nor stingy; they give in moderation. 25:68 They never implore beside GOD any other god, nor do they kill any soul—for GOD has made life sacred—except in the course of justice. Nor do they commit adultery. Those who commit these offenses will have to pay.
An even more concrete example to show that zinā can also apply to one who is not a virgin is in the following verses, we see that one of the requirements for the wives of the disbelievers who fled their disbelieving husbands during the days of the prophet was that they were not to commit zinā or kill their children. This would imply that they were not virgins. Therefore, if zinā was limited to only an act that can be done by virgins, then this would be a blatant contradiction.
60:10 O you who believe, when believing women (abandon the enemy and) ask for asylum with you, you shall test them. GOD is fully aware of their belief. Once you establish that they are believers, you shall not return them to the disbelievers. They are not lawful to remain married to them, nor shall the disbelievers be allowed to marry them. Give back the dowries that the disbelievers have paid. You commit no error by marrying them, so long as you pay them their due dowries. Do not keep disbelieving wives (if they wish to join the enemy). You may ask them for the dowry you had paid, and they may ask for what they paid. This is GOD’s rule; He rules among you. GOD is Omniscient, Most Wise.
60:11 If any of your wives join the enemies’ camp, and you are forced to fight, you shall force the enemy to compensate the men who lost their wives, by giving them what they spent on their wives. You shall reverence GOD, in whom you believe.
60:12 O you prophet, when the believing women (who abandoned the disbelievers) to seek asylum with you pledge to you that they will not set up any idols besides GOD, nor steal, nor commit adultery ( yaznīna / يَزْنِينَ), nor kill their children, nor fabricate any falsehood, nor disobey your righteous orders, you shall accept their pledge, and pray to GOD to forgive them. GOD is Forgiver, Most Merciful.
This understanding that the only punishment for fornication, according to the Quran, is lashing is consistent and does not create any contradictions, unlike the idea of stoning found in Hadith. Not only does stoning adulterers contradict the Quran, but we see that in the Quran, the only people to carry out such a punishment are the disbelievers (see 11:91, 18:20, 19:46, 26:116, and 36:18). So people who continue to propagate this lie and carry out this punishment are committing one of the worst sins by attributing lies to God.
7:37 Who is more evil than those who invent lies about GOD, or reject His revelations? These will get their share, in accordance with the scripture, then, when our messengers come to terminate their lives, they will say, “Where are the idols you used to implore beside GOD?” They will say, “They have abandoned us.” They will bear witness against themselves that they were disbelievers.
Individuals who choose to follow such Hadith are displaying their true convictions towards the Quran by showing their lack of trust in God’s words when He says that the Quran is complete, fully detailed, and our only source of religious law.
6:114 Shall I seek other than GOD as a source of law, when He has revealed to you this book fully detailed? Those who received the scripture recognize that it has been revealed from your Lord, truthfully. You shall not harbor any doubt.