1054 – ‘Ali (d. 40 AH) reported that the Messenger of Allah, peace and blessings be upon him, said, “Establish the prescribed penalties upon those whom your right hands possess.” Narrated by Abu Dawud, and Muslim records it as a statement of ‘Ali rather than a prophetic report.⦗1⦘
Degree of authenticity
The report is sound (ḥasan).
The complete wording reads: “A slave-girl belonging to the family of the Messenger of Allah, peace and blessings be upon him, committed fornication. He said, ‘O ‘Ali, go and carry out the prescribed punishment on her.’ ‘Ali said: I went and found blood still flowing from her that had not yet stopped, so I returned to him. He asked, ‘O ‘Ali, have you finished?’ I replied, ‘I went to her while her blood was flowing; she has only recently given birth.’ He said, ‘Leave her until her bleeding ceases, then carry out the prescribed punishment. Establish the prescribed penalties upon those whom your right hands possess.’”
It was recorded by Ahmad, Abu Dawud, al-Bayhaqi and others through ‘Abd al-Aʿla al-Thaʿlabi, from Abu Jamila, from ‘Ali.
Al-Albani said: “Its chain is sound (ḥasan). Abu Jamila was narrated from by a number of scholars, and Ibn Ḥibbān included him among the trustworthy. Al-Thaʿlabi has some weakness, but he is supported by Abu Jamila, who is otherwise unknown.”
Points derived from the two hadiths
1 – Both narrations indicate that the master may administer the ḥadd penalty to his own slaves once the act of fornication has been established, whether by a confession or by sufficient testimony. This is the position of the three imams: Abu Hanifah, al-Shafi‘i, and Ahmad.
2 – Imam Malik, however, held that executing the ḥadd on a slave is referred to the ruler, just as it is for the rest of the subjects.