—the kind of measure that sometimes leads to death and destruction—is not permissible.
The most severe flogging is that for fornication; then that for slanderous accusation; then that for drinking; then discretionary flogging. Whoever dies as a result of a prescribed punishment has been killed by right, and no pit is to be dug for one stoned to death for fornication.
His statement, “The most severe flogging is that for fornication”: “most severe” means strongest. Severity here refers to the force of the blows. Thus, the most severe is the flogging for fornication. The evidence is Allah’s saying:
“Flog the female fornicator and the male fornicator, each of them, with a hundred lashes; and let not compassion for them prevent you from carrying out Allah’s law.” [Surah al-Nur 24:2]
This indicates that the punishment is to be carried out firmly. Moreover, it is greater in number; and when the Lawgiver has taken the greater number into account, the manner of administering it follows the number. Had it not been required to be more forceful in its manner, it would not have been greater in number.
His statement, “Then [that for] slanderous accusation”: slanderous accusation is to accuse someone of fornication or sodomy. If a person accuses a chaste person of fornication or sodomy, this is slanderous accusation. The accuser is told: either produce evidence, or the accused person must confess, or you will receive the prescribed punishment of eighty lashes; or, if the accused is one’s wife, this may be averted through mutual imprecation. Thus, the punishment for slanderous accusation is more severe than those that follow it because its flogging is greater: the accuser receives eighty lashes—that is, one hundred less twenty. It is therefore next to the flogging for fornication in quantity, and should likewise follow it in manner.
His statement, “Then drinking”: that is, drinking intoxicants. Every intoxicant is wine, whatever its type, because the Prophet, peace and blessings be upon him, said: “Every intoxicant is wine, and every wine is forbidden.” (1) Accordingly, the flogging for drinking intoxicants follows the flogging for slanderous accusation. The disagreement over whether the flogging of one who drinks intoxicants is a prescribed punishment or a discretionary punishment will be mentioned, if Allah wills.