difference between them, and the Sharia does not differentiate between two analogous cases. How, then, is this analogy made?
They say: because each of them is a slave, and a slave does not possess, in himself, the same honour and sense of dignity as a free person. Since he does not possess the honour and dignity that a free person possesses, he is less concerned if he commits adultery. This is a sound rationale. Yet one might say: a male slave’s adultery is not like that of a female slave, for a female slave may commit adultery because her master hires her out—Allah’s refuge is sought—to engage in prostitution. She then becomes accustomed to it, and the matter becomes less grave in her eyes. Allah explicitly stated that this occurs on the part of masters with their female slaves, saying, Most High:
“Do not compel your slave-girls into prostitution.” [al-Nur 24:33]
If the woman is in such a condition, the male slave is not so; therefore, the analogy is unsound. For this reason, some scholars held that the prescribed punishment for a male slave who commits adultery is the same as that of a free man, on account of the general wording of the verse:
“As for the adulteress and the adulterer, flog each of them with one hundred lashes.”
Thus, there is a difference of opinion in this matter. There is no question that a female slave is liable to fifty lashes, because the textual evidence concerning her is explicit. The question concerns the male slave: restricting the general wording in Surat al-Nur by means of analogy is not clear, given the evident difference between the female slave and the male slave. This leaves one with some reservation about it. To this day, I have not become convinced as to which of the two views is more correct. However, the majority of scholars hold that flogging is halved in every case for slaves.
His statement, “and he is not to be exiled”: this is because exile harms the master, for if we exile him, we prevent his master from benefiting from him for the duration of the exile, even though the master has committed no offense. Moreover, if we exile him, he may flee, resulting in even greater harm. This is their rationale in this issue.