As for its legislative rationale, it belongs to the class of ḥudūd whose benefits and advantages have already been discussed. Its ruling is firmly grounded in the Qur’an, the Sunnah, and the scholarly consensus, and the supporting texts are many and well known.
Hadith 354
Abū Burdah Hāniʾ ibn Niyār al-Balawī — may Allah be pleased with him — reported that he heard the Messenger of Allah ﷺ say:
“No one is to be flogged with more than ten lashes except in a ḥadd ordained by Allah.”
Overall meaning
By “the ḥudūd of Allah” are meant His commands and prohibitions. Each carries a deterrent punishment: some are fixed, such as those for fornication and slander; others are not fixed, such as deliberately breaking the fast during Ramadan, withholding zakāh, and similar acts that involve either doing what is forbidden or neglecting what is obligatory.
There are also corrective beatings and discretionary punishments for women and children that do not relate to disobedience to Allah; they are administered solely to reform and refine them. In such cases the lashes must not exceed ten, so long as they have not abandoned a religious duty or committed a prohibited act.
Lessons derived from the ḥadith
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Allah’s ḥudūd — matters He has commanded or forbidden — carry deterrent penalties, some fixed by the Lawgiver and others left to the ruler’s discretion in accordance with the welfare he deems best. These will be outlined below.
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The disciplining of children, women, servants, and the like should be mild, intended merely as guidance and warning, and must not exceed ten lashes. Preferably, they should be reformed without any beating, through instruction, education, counsel, and positive motivation, for that is more conducive to acceptance and gentle teaching. Circumstances vary greatly, so one should adopt whatever is most beneficial.
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The apparent meaning of the ḥadith is that exceeding ten lashes is forbidden, for the wording comes in the form of a prohibition, which indicates unlawfulness.
Scholarly disagreement
The scholars differ over the sense of the phrase “except in a ḥadd from the ḥudūd of Allah.” Some hold that the ḥudūd intended are those whose penalties have been fixed by the Sacred Law, such as the ḥadd for fornication, slander, theft, and retaliation (qiṣāṣ).