Is the stoning of the fornicator replaced with the sword or something else?
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Fatwa number ( 19657 )
Q: Is it permissible to replace the stoning of the married fornicator with stones by the sword, or by firing a gun ?
A: It is obligatory to stone the married, accountable fornicator until he dies, following the Sunnah of the Messenger of Allah (peace and blessings be upon him), as this is established from him by his saying, his doing, and his command. The Messenger of Allah (peace and blessings be upon him) stoned Ma'iz , al-Juhaniyyah , al-Ghamidiyyah , and the two Jews, and this is established by authentic hadiths from the Prophet (peace and blessings be upon him). The scholars, including the Companions (may Allah be pleased with them), the Tabi'un, and those after them, agreed upon this, and no
one differed on it except those whose disagreement is not considered. Al-Bukhari and Muslim narrated in their Sahihs, from Ibn Abbas (may Allah be pleased with them both), from 'Umar (may Allah be pleased with him), that he said: "Indeed, Allah sent Muhammad (peace and blessings be upon him) with the truth and revealed to him the Book. Among what Allah revealed was the verse of stoning. We read it, understood it, and memorized it. The Messenger of Allah (peace and blessings be upon him) stoned, and we stoned after him. I fear that if time passes for people, someone will say: 'By Allah, we do not find the verse of stoning in the Book of Allah,' and they will be misguided by leaving an obligation that Allah revealed. Stoning in the Book of Allah is a truth for the man and woman who commits fornication while married, if the evidence is established, or if there is pregnancy, or confession..." etc. Accordingly, it is not permissible to replace stoning with killing by the sword, or by firing a gun at him; because stoning is a harsher punishment, a greater severity, and a stronger deterrent against the heinous act of fornication, which is the greatest sin after shirk (associating partners with Allah) and killing the soul that Allah has forbidden. And because the hadd (fixed punishment) of fornication by stoning for the married person is among the matters that are determined by divine text, where there is no room for independent legal reasoning (ijtihad) or opinion. If killing by the sword, or firing a gun, had been permissible for the married fornicator, the Messenger of Allah (peace and blessings be upon him) would have done it, and he would have made it clear to his Ummah, and his Companions (may Allah be pleased with them) would have done it after him.
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: Is it permissible to replace the stoning of the married fornicator with stones by the sword, or by firing a gun ?
A: It is obligatory to stone the married, accountable fornicator until he dies, following the Sunnah of the Messenger of Allah (peace and blessings be upon him), as this is established from him by his saying, his doing, and his command. The Messenger of Allah (peace and blessings be upon him) stoned Ma'iz , al-Juhaniyyah , al-Ghamidiyyah , and the two Jews, and this is established by authentic hadiths from the Prophet (peace and blessings be upon him). The scholars, including the Companions (may Allah be pleased with them), the Tabi'un, and those after them, agreed upon this, and no
one differed on it except those whose disagreement is not considered. Al-Bukhari and Muslim narrated in their Sahihs, from Ibn Abbas (may Allah be pleased with them both), from 'Umar (may Allah be pleased with him), that he said: "Indeed, Allah sent Muhammad (peace and blessings be upon him) with the truth and revealed to him the Book. Among what Allah revealed was the verse of stoning. We read it, understood it, and memorized it. The Messenger of Allah (peace and blessings be upon him) stoned, and we stoned after him. I fear that if time passes for people, someone will say: 'By Allah, we do not find the verse of stoning in the Book of Allah,' and they will be misguided by leaving an obligation that Allah revealed. Stoning in the Book of Allah is a truth for the man and woman who commits fornication while married, if the evidence is established, or if there is pregnancy, or confession..." etc. Accordingly, it is not permissible to replace stoning with killing by the sword, or by firing a gun at him; because stoning is a harsher punishment, a greater severity, and a stronger deterrent against the heinous act of fornication, which is the greatest sin after shirk (associating partners with Allah) and killing the soul that Allah has forbidden. And because the hadd (fixed punishment) of fornication by stoning for the married person is among the matters that are determined by divine text, where there is no room for independent legal reasoning (ijtihad) or opinion. If killing by the sword, or firing a gun, had been permissible for the married fornicator, the Messenger of Allah (peace and blessings be upon him) would have done it, and he would have made it clear to his Ummah, and his Companions (may Allah be pleased with them) would have done it after him.
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.