Narrated by al-Bukhaari (6243) and Muslim (2657) from Abu Hurayrah (may Allaah be pleased with him) from the Prophet (peace and blessings of Allaah be upon him) who said: “Allaah has decreed for the son of Adam his share of zina which will inevitably catch up with him. The zina of the eye is looking and the zina of the tongue is speaking. The heart wishes and longs and the private part confirms that or denies it.”
According to the version narrated by Muslim: “The zina of the eyes is looking, the zina of the ears is listening, the zina of the tongue is speaking, the zina of the hand is touching, and the zina of the foot is walking. The heart wishes and longs and the private part confirms that or denies it.”
Ibn Battaal (may Allaah have mercy on him) said: Looking and speaking are called zina because they invite one to true zina. Hence he said: “the private part confirms that or denies it.” End quote from Fath al-Baari.
It was narrated in a long Hadith from Al-Bukhaari (1386, 7047) that Samurah ibn Jundub said:
…I said to my two companions, ‘Subhaan Allaah! Who are these two persons?’ They said, ‘Move on!’ So we went on, and came to something like a tannoor (a kind of oven, lined with clay, usually used for baking bread). – I think the Prophet (peace and blessings of Allaah be upon him) said, in that oven there was much noise and voices. The Prophet (peace and blessings of Allaah be upon him) added: – We looked into it and saw naked men and women. A flame of fire was reaching them from underneath, and when it reached them, they cried out loudly.
The Prophet (peace and blessings of Allaah be upon him) explained who these people were, he said: The naked men and women whom you saw in a structure that resembled an oven are the adulterers and adulteresses.
Al-Haafiz ibn Hajar said: This indicates that some sinners will be punished in al-barzakh (the interval between death and the Day of Resurrection).
Fath al-Baari, 12/445
Al-Bukhaari narrated from Abu Hurayrah (may Allah be pleased with him) that the Prophet (blessings and peace of Allah be upon him) said: “No adulterer is a believer at the time when he is committing adultery; no thief is a believer at the time when he is stealing; no drinker of wine is a believer at the time when he is drinking it.” Narrated by al-Bukhaari (5578) and Muslim (57).
It was narrated that Abu Hurayrah and Zayd ibn Khaalid al-Juhani (may Allaah be pleased with them both) said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “… Go tomorrow, O Unays, to this woman and if she admits (to adultery) then stone her.” He said: I went to her the next day and she admitted it, so the Messenger of Allaah (peace and blessings of Allaah be upon him) ordered that she be stoned.” Narrated by al-Bukhaari, 2575; Muslim, 1698.
It was narrated from Jaabir that a man from (the tribe of) Aslam came to the Prophet (peace and blessings of Allaah be upon him) when he was in the mosque and he said, “I have committed adultery.” The Prophet (peace and blessings of Allaah be upon him) turned his face away from him. The man came to that side to which the Prophet had turned his face, and testified against himself four times. The Prophet (peace and blessings of Allaah be upon him) said, “Are you mad?” He said, “No.” The Prophet said, “Are you married?” He said, “Yes.” So he commanded that he be stoned in the Musalla (Eid prayer place). When the stones troubled him, he ran away, until he was caught in al-Harrah and killed.
Narrated by al-Bukhaari, 4969; Muslim, 1691.
It was narrated that Buraydah ibn al-Haseeb said: A woman from Ghaamid, a branch of al-Azd, came and said: “O Messenger of Allaah, purify me!” He said, “Woe to you! Go back and seek the forgiveness of Allaah and repent to Him.” She said: “I think that you intend to send me back as you sent Maa’iz ibn Maalik back.” He said, “What has happened to you?” She said that she had become pregnant as a result of zina. He said: “Is it you (who has done that)?” She said: “Yes.” He said to her: “(You will not be punished) until you give birth to that which is in your womb.” A man from among the Ansaar sponsored her [i.e., paid for her needs etc] until she delivered (the child). Then he (that Ansaari) came to the Prophet (peace and blessings of Allaah be upon him) and said: “The Ghaamidi woman has given birth to a child.” He (the Prophet (peace and blessings of Allaah be upon him)) said: “Then we will not stone her and so leave her child with no one to nurse him.” One of the Ansaar stood up and said: “O Messenger of Allaah, let me be responsible for ensuring that he is nursed.” Then she was stoned to death.
Narrated by Muslim, 1695.
No one should carry out the hadd punishments without the permission of the ruler. If there is no ruler who rules according to sharee’ah then it is not permissible for the ordinary people to carry out the hadd punishments. Whoever does that is sinning, because carrying out the hadd punishments requires examining the matter and requires shar’i knowledge in order to know the conditions of proof.
The ordinary people have no knowledge of such things, and the carrying out of one of the hadd punishments by the ordinary people leads to many evils and the loss of security, whereby people will attack one another and kill one another or chop off one another’s hands on the grounds that they are carrying out hadd punishments.
Al-Qurtubi said: There is no dispute among the scholars that qisaas (retaliatory punishments) such as execution cannot be carried out except by those in authority who are obliged to carry out the qisaas and carry out hadd punishments etc, because Allaah has addressed the command regarding qisaas to all the Muslims, and it is not possible for all the Muslims to get together to carry out the qisaas, which is why they appointed a leader who may represent them in carrying out the qisaas and hadd punishments.
Tafseer al-Qurtubi, 2/245, 246.
Ibn Rushd al-Qurtubi said: With regard to the one who should carry out this punishment – i.e., the hadd punishment for drinking alcohol – they agreed that the ruler should carry it out, and that applies to all the hadd punishments.
Bidaayat al-Mujtahid, 2/233.
Al-Shawkaani said: It was narrated from Abu’l-Zinaad from his father that the fuqaha’ of the people of Madeenah used to say that no one should carry out any of the hadd punishments except the ruler, unless it is a man carrying out the hadd punishment for zina on his male or female slave. Nayl al-Awtaar, 7/295, 296.
In regards to how the punishment should be carried out, It was narrated from ‘Ali (may Allaah be pleased with him) that he said: Moderate blows with a moderate whip. Not so harsh as to kill and not so weak as to be no deterrent. He should not raise his arm completely, or keep it so low that it causes no pain. Ahmad said: His armpit should not show in any of the hudood punishments, i.e., he should not raise his arm so high, because the point is to discipline him, not kill him.
From al-Mughni, 1/141-142.
From the above it is clear that an ordinary person will not usually be killed by flogging; the purpose is to serve as a rebuke and discipline. And the believers should witness this punishment, as Allaah says (interpretation of the meaning):
“The fornicatress and the fornicator, flog each of them with a hundred stripes. Let not pity withhold you in their case, in a punishment prescribed by Allaah, if you believe in Allaah and the Last Day. And let a party of the believers witness their punishment”
(See Islam Q&A Fatwa: 13233)