Then, once she has delivered the child, if a wet-nurse is available, the infant is handed over to her and the mother is executed, for the impediment to retribution has disappeared—someone else can now suckle the child in her stead. If no wet-nurse can be found, the woman is left alive until she has weaned the child for two full years, in accordance with the Prophet’s ﷺ words: “When a woman commits deliberate murder, she is not to be executed until she gives birth to what is in her womb—if she is pregnant—and until she arranges for her child. And when she commits fornication, she is not to be stoned until she gives birth to what is in her womb—if she is pregnant—and until she arranges for her child.” Reported by Ibn Mājah. He ﷺ also said to the woman who confessed to adultery, “Go back until you give birth to what is in your womb,” and later told her, “Go back until you have nursed him.”

These two hadiths, together with the verse, show that retribution is deferred because of pregnancy, and there is consensus on this ruling. They testify to the perfection and justice of this Sharīʿah: it recognizes the rights of unborn children and forbids harming them; it likewise safeguards infants and the weak, warding off harm and guaranteeing what preserves their lives. All praise is due to Allah for this gracious, comprehensive, and complete law that secures the welfare of His servants.

When retribution is to be carried out, it must take place under the supervision of the ruler or his deputy, so that injustice is prevented and the procedure follows the prescribed legal manner.

The instrument used must be sharp—such as a sword or a knife—because the Prophet ﷺ said, “When you kill, kill well.” Retribution may not be exacted with a blunt tool, for that would amount to excess in killing.