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(Book 41, Hadith 11) #36593
The Punishment for Premature Birth and Sodomy According to Islamic Law

SUMMARY: Uthman ibn Affan was about to order a woman who had given birth after six months to be stoned, but Ali ibn Abi Talib intervened and argued that she should not be stoned as the Quran states that pregnancy can last for six months. Uthman ibn Affan then found out that she had already been stoned. Ibn Shihab also stated that someone who commits sodomy should be stoned regardless of whether or not they are muhsan.

Malik related to me that he had heard that Uthman ibn Affan was brought a woman who had given birth after six months and he ordered her to be stoned. Ali ibn Abi Talib said to him, "She does not deserve that. Allah, the Blessed, the Exalted, says in His Book, 'Their carrying and weaning is thirty months,' (Sura 46 ayat 15) and he said, 'Mothers suckle their children for two full years for whoever wishes to complete the suckling'. (Sura 2 ayat 233) Pregnancy can then be six months, so she does not deserve to be stoned". Uthman ibn Affan sent for her and found that she had already been stoned. Malik related to me that he asked Ibn Shihab about someone who committed sodomy. Ibn Shihab said, "He is to be stoned, whether or not he is muhsan".
وَحَدَّثَنِي مَالِكٌ، أَنَّهُ بَلَغَهُ أَنَّ عُثْمَانَ بْنَ عَفَّانَ، أُتِيَ بِامْرَأَةٍ قَدْ وَلَدَتْ فِي سِتَّةِ أَشْهُرٍ فَأَمَرَ بِهَا أَنْ تُرْجَمَ فَقَالَ عَلِيُّ بْنُ أَبِي طَالِبٍ لَيْسَ ذَلِكَ عَلَيْهَا إِنَّ اللَّهَ تَبَارَكَ وَتَعَالَى يَقُولُ فِي كِتَابِهِ ‏{‏وَحَمْلُهُ وَفِصَالُهُ ثَلاَثُونَ شَهْرًا‏}‏ وَقَالَ ‏{‏وَالْوَالِدَاتُ يُرْضِعْنَ أَوْلاَدَهُنَّ حَوْلَيْنِ كَامِلَيْنِ لِمَنْ أَرَادَ أَنْ يُتِمَّ الرَّضَاعَةَ‏}‏ فَالْحَمْلُ يَكُونُ سِتَّةَ أَشْهُرٍ فَلاَ رَجْمَ عَلَيْهَا ‏.‏ فَبَعَثَ عُثْمَانُ بْنُ عَفَّانَ فِي أَثَرِهَا فَوَجَدَهَا قَدْ رُجِمَتْ
TOPICS
punishment  *  birth  *  sodomy  *  stoning  *  iqab  *  qadar  *  liwaat  *  alquran  *  rajm  *  quran

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EXPLANATIONS:
This Hadith discusses the punishment for premature birth and sodomy according to Islamic law. In this Hadith, Uthman ibn Affan was about to order a woman who had given birth after six months to be stoned, but Ali ibn Abi Talib intervened and argued that she should not be stoned as the Quran states that pregnancy can last for six months. Uthman ibn Affan then found out that she had already been stoned. Ibn Shihab also stated that someone who commits sodomy should be stoned regardless of whether or not they are muhsan. This Hadith teaches us the importance of following Islamic law when it comes to punishments such as these two offences; it is important for us Muslims to understand what is permissible in Islam and what is forbidden so we can make sure we do not commit any sins unknowingly or unintentionally.

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