Discourses surrounding the married adulterer and illicit relations require a comprehensive understanding of Islamic jurisprudence, historical texts, and the preservation of divine rulings. When individuals study compilations of prophetic traditions, such as Bulugh Al-Maram, questions often arise regarding the preservation of specific rulings, especially those concerning severe penal disciplines. A fundamental aspect of this discussion involves understanding the concept of abrogation (naskh) within Islamic texts and how early generations applied these rulings based on both the written scripture and the prophetic traditions.
Textual Preservation and Abrogation
Historical reports in the collections of Imam Al-Bukhari highlight the meticulous preservation of the Qur’an. When Ibn Abbas was asked if the Prophet (peace and blessings be upon him) left anything in written form behind, he affirmed that only what is contained between the covers of the Qur’an (the mushaf) was left. Muhammad ibn Ali ibn Abi Talib, known as Ibn Al-Hanafiyah, corroborated this statement.
However, this historical reality raises questions about rulings that were applied in early Islam but whose specific verses are not recited in the current mushaf. Prominent scholars note the concern of early figures, such as `Umar ibn Al-Khattab (may Allah be pleased with him), who feared that future generations might abandon the maximum capital penalty for a married individual committing infidelity simply because the explicit verse is no longer found in the written scripture. Scholars clarify that a specific verse commanding the ultimate penalty for married individuals was indeed revealed, but its recitation was abrogated (mansookh) while its legal verdict remained firmly in effect.
Jurisprudential Rulings and Scholarly Consensus
There is a consensus among the majority of scholars in the Ummah regarding the consequences of illicit relations. For an unmarried individual, the prescribed consequence is a hundred units of corporal discipline. Conversely, for the married individual, the prescribed consequence is the ultimate capital penalty.
The original, superseded wording of the abrogated verse stated that when a married man and woman engage in such acts, they are to face this ultimate penalty. Because the legal verdict remained unchanged despite the abrogation of the text, the ruling stands as a definitive part of the Islamic penal code.
Application in the Prophetic Era and by the Caliphs
The application of this ruling is profoundly rooted in the Sunnah. The Prophet (peace and blessings be upon him) executed this maximum penalty in established historical cases, such as those involving Ma’iz and Al-Ghamidiyyah.
Following his departure, the rightly guided Caliphs upheld these traditions. Ali ibn Abi Talib (may Allah be pleased with him) applied corporal discipline to unmarried individuals and the ultimate capital penalty to married ones. When questioned about the latter, Ali explicitly stated that he applied corporal discipline according to the Qur’an, and he applied the ultimate capital penalty according to the Sunnah of the Prophet (peace and blessings be upon him).
The Role of Qualified Scholarship
Because this prescribed penalty is accepted by the vast majority of scholars within the Ummah, navigating its nuances requires immense scholarly rigor. Prominent scholars state that any debate or discussion concerning these established penalties necessitates the expertise of a true Mujtahid (an independent, authoritative scholar). Such high-level scholarly discourse is intended not to abrogate or dismiss the established discipline, but rather to seek the most accurate and profound way to understand the Sunnah of the Prophet (peace and blessings be upon him).
