"And the woman is like the man in this, except that she is flogged while sitting, her clothes are tied over her, and her hands are held so that she does not become exposed."
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The Shaykh : He said "And the woman is like the man in this", meaning in the establishment of the hudud (fixed Qur'anic punishments). The woman is like the man, because the original principle is that what is established for men is established for women, and what is established for women is established for men, unless there is evidence to the contrary. This is the original principle, whether in acts of worship, punishments, transactions, or customs. Everything established for the man is established for the woman, and everything established for the woman is established for the man, unless there is evidence. If the evidence indicates that something is specific to the man, it is restricted to him; if it indicates it is specific to the woman, it is restricted to her. Otherwise, the original principle is equality.
And so she is flogged as the man is flogged, with a whip that is neither new nor old. Her head, face, private parts, or vital areas are not struck, and she is not beaten excessively to the point of breaking the skin. However, she differs from him in one matter. He said "except that she is flogged while sitting, her clothes are tied over her, and her hands are held". These are three things: she is flogged while sitting because that is more concealing for her; her clothes are tied over her, meaning bound, because she may thrash and move during the beating, causing her clothes to come undone, so they are tied; and her hands are held so that she does not become exposed, because she may ... with her hands and become exposed. This is what is excepted, or this is what distinguishes her from the man, because the need calls for it. Otherwise, the original principle is that she is like the man. As for what some rulers used to do in the past: when they flogged a man, they would stretch him out on the ground and bring him palm fronds. Do you know what palm fronds are?
The questioner : Yes.
The Shaykh : Palm fronds are not the tips of the palm; they are the fronds near the base of the palm cluster. Then they would beat him severely, sometimes until he fainted. And what did they do to the woman? They would put her in an 'adl. Do you know what an 'adl is? An 'adl is a wool sack in which grain is placed. It is called an 'adl because it is used to balance the load on a camel. A camel does not carry more than two sacks, one on the right and one on the left, so it is called an 'adl. It is a wool sack into which she is placed in the middle, and the sack is tied around her, and she remains like this, as if she were a poor, helpless woman, frightened by this wool 'adl, and the wool is hot. Then they beat her, may Allah protect us, in addition to what is prepared for her. We ask Allah for safety. This is undoubtedly forbidden, and no one doubts that it is forbidden, and that this is from the injustice of the unjust rulers. It is not permissible to do that. Moreover, the prevailing view is that what happens in these matters is usually by way of ta'zir (discretionary punishment), because zina (unlawful sexual intercourse) is not established against them by the Sharia'ah through four witnesses or a complete confession. And yet they do this to them, saying that this is more effective in deterrence and punishment, and that whatever is more effective must be followed. This is ta'zir and not a hadd (fixed Qur'anic punishment). But we say that we must consider the deterrence and punishment, and along with them, mercy, because this matter sometimes leads to death and destruction. This is not permissible.
And so she is flogged as the man is flogged, with a whip that is neither new nor old. Her head, face, private parts, or vital areas are not struck, and she is not beaten excessively to the point of breaking the skin. However, she differs from him in one matter. He said "except that she is flogged while sitting, her clothes are tied over her, and her hands are held". These are three things: she is flogged while sitting because that is more concealing for her; her clothes are tied over her, meaning bound, because she may thrash and move during the beating, causing her clothes to come undone, so they are tied; and her hands are held so that she does not become exposed, because she may ... with her hands and become exposed. This is what is excepted, or this is what distinguishes her from the man, because the need calls for it. Otherwise, the original principle is that she is like the man. As for what some rulers used to do in the past: when they flogged a man, they would stretch him out on the ground and bring him palm fronds. Do you know what palm fronds are?
The questioner : Yes.
The Shaykh : Palm fronds are not the tips of the palm; they are the fronds near the base of the palm cluster. Then they would beat him severely, sometimes until he fainted. And what did they do to the woman? They would put her in an 'adl. Do you know what an 'adl is? An 'adl is a wool sack in which grain is placed. It is called an 'adl because it is used to balance the load on a camel. A camel does not carry more than two sacks, one on the right and one on the left, so it is called an 'adl. It is a wool sack into which she is placed in the middle, and the sack is tied around her, and she remains like this, as if she were a poor, helpless woman, frightened by this wool 'adl, and the wool is hot. Then they beat her, may Allah protect us, in addition to what is prepared for her. We ask Allah for safety. This is undoubtedly forbidden, and no one doubts that it is forbidden, and that this is from the injustice of the unjust rulers. It is not permissible to do that. Moreover, the prevailing view is that what happens in these matters is usually by way of ta'zir (discretionary punishment), because zina (unlawful sexual intercourse) is not established against them by the Sharia'ah through four witnesses or a complete confession. And yet they do this to them, saying that this is more effective in deterrence and punishment, and that whatever is more effective must be followed. This is ta'zir and not a hadd (fixed Qur'anic punishment). But we say that we must consider the deterrence and punishment, and along with them, mercy, because this matter sometimes leads to death and destruction. This is not permissible.