First: she is struck while seated, because this affords her greater concealment.

Second: her garments are fastened around her—that is, tied—because, while being struck, she may become agitated and move about, causing her clothing to come loose.

Third: her hands are held so that she does not become exposed, for she may pull apart her garments with her hands and thus become exposed.

These are the matters that distinguish her from a man, because there is a need for them; otherwise, the basic principle is that she is like a man.

As for what some governors used to do in the past: when they flogged a man, they would stretch him out on the ground and bring palm fronds—not the tips of the palm branches, but the fronds near the base of the palm rib—and strike him severely, sometimes until he lost consciousness. As for a woman, they would place her in an ʿidl, a woollen sack used for carrying provisions. It is called an ʿidl because it is balanced on a camel: it carries only two sacks, one on the right and the other on the left. The woman would thus remain wrapped in this wool, which is hot, and then—may Allah protect us—they would strike her with whatever was available. We ask Allah for well-being.

There is no doubt that this is unlawful and constitutes injustice on the part of the governors; it is not permissible to do this. Moreover, such matters generally occur as discretionary punishment, because fornication is not legally established against them by four witnesses or by a complete confession. Yet despite this, they do this to women, saying: “This is more effective as a deterrent and a punitive example; and whatever is more effective must be followed.” This is discretionary punishment, not a prescribed punishment. But we say: deterrence and punitive effect must be taken into consideration, together with mercy. As for this—